2014 (9) TMI 1261 - AT - Income Tax

Deduction u/s.80IA(4) - initial assessment year for the purpose of claiming deduction u/s.80IA(4) of the Act was the first year in which the assessee made such claim after excercising the option - HELD THAT - Quantum of deduction is to be computed after reducing the notional brought forward losses and depreciation of the eligible business even though the same might have been set off against other income in the earlier years or the year in which the assessee exercises the option contained in sub-section 80IA(2) of the Act of identifying 10 consecutive assessment years out of 15 years for which the deduction is to be availed. We find an identical issue had come up before the Pune Bench of the Tribunal in the case of Sangram Patil ( 2015 (2) TMI 936 - ITAT PUNE wherein the Tribunal, following the decision of the Pune Bench of the Tribunal in the case of Serum International Ltd. ( 2013 (1) TMI 688 - ITAT PUNE has decided the issue in favour of the assessee

Summary

Issues Involved:

1. Determination of the "initial assessment year" for claiming deduction under section 80IA(4) of the Income Tax Act.
2. Computation of deduction under section 80IA(4) considering notional brought forward losses and depreciation.

Detailed Analysis:

1. Determination of the "Initial Assessment Year":

The primary issue was whether the "initial assessment year" for claiming deduction under section 80IA(4) is the year the assessee started generating electricity or the year the assessee chose to claim the deduction. The assessee argued that the "initial year" is the year in which the deduction is first claimed, not the year the windmill commenced operations. This interpretation was supported by the decision of the Hon'ble Madras High Court in the case of Velayudhaswami Spinning Mills Pvt. Ltd., which stated that the "initial assessment year" is the year the assessee opts to claim the deduction within the 15-year period. The CIT(A) agreed with the assessee, directing the AO to delete the disallowance based on this interpretation.

2. Computation of Deduction Considering Notional Brought Forward Losses and Depreciation:

The Assessing Officer (AO) contended that for computing the deduction under section 80IA(4), the losses and depreciation of the eligible business from earlier years, even if set off against other income, should be notionally carried forward and set off against the current year's income from the eligible business. The AO's stance was based on section 80IA(5), which requires that the eligible business be considered the only source of income for computing the deduction. Consequently, the AO disallowed the deduction claim by the assessee, arguing that the notional set-off resulted in a negative income.

The CIT(A) overturned the AO's decision, referencing multiple judicial decisions, including those from the Pune ITAT and the Hon'ble Madras High Court, which established that only the losses from the "initial assessment year" onward should be considered, not those already set off against other income in previous years. The CIT(A) emphasized that the fiction created by section 80IA(5) does not contemplate the notional set-off of earlier years' losses, aligning with the Madras High Court's ruling in Velayudhaswami Spinning Mills Pvt. Ltd.

Tribunal's Decision:

The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal. It reiterated that the "initial assessment year" is the year the assessee first claims the deduction, as supported by consistent decisions of the Pune ITAT and the Hon'ble Madras High Court. The Tribunal also confirmed that for computing the deduction under section 80IA(4), only the losses from the "initial assessment year" onward should be considered, not those set off against other income in prior years.

Conclusion:

The Tribunal dismissed the Revenue's appeal, affirming that the "initial assessment year" for section 80IA(4) deduction is the year the assessee chooses to claim the deduction. It also confirmed that only the losses from the "initial assessment year" onward should be considered for computing the deduction, not the notional set-off of earlier years' losses.