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2019 (3) TMI 482 - AT - Income TaxDisallowance u/s 80IC - substantially expansion of new business - AO restricted the deduction to the extent of 25% - HELD THAT - As decided in PR. COMMISSIONER OF INCOME TAX, SHIMLA VERSUS M/S. AARHAM SOFTRONICS 2019 (2) TMI 1285 - SUPREME COURT in case substantial expansion is carried out as defined in clause (ix) of sub-section (8) of Section 80-IC by such an undertaking or enterprise, within the aforesaid period of 10 years, the said previous year in which the substantial expansion is undertaken would become initial assessment year , and from that assessment year the assessee shall been entitled to 100% deductions of the profits and gains. Such deduction, however, would be for a total period of 10 years, as provided in sub-section (6). For example, if the expansion is carried out immediately, on the completion of first five years, the assessee would be entitled to 100% deduction again for the next five years. On the other hand, if substantial expansion is undertaken, say, in 8th year by an assessee such an assessee would be entitled to 100% deduction for the first five years, deduction @ 25% of the profits and gains for the next two years and @ 100% again from 8th year as this year becomes initial assessment year once again. However, this 100% deduction would be for remaining three years, i.e. 8th, 9th and 10th Assessment Years. - decided against revenue.
Issues:
- Correctness of order dated 11/4/2016 of CIT(A)-Rohtak pertaining to Assessment Year 2012-13 - Addition of ?1,16,19,710 made on the ground of disallowance on restricting the deduction u/s 80IC - Interpretation of legislative intent regarding deduction u/s 80IC - Application of ITAT decision in M/s Tirupati LPG Industries Ltd V/s DCIT - Consideration of latest decision of M/s Hycron Electronics V/s ITO(ITA No. 798/CHD/2012) - Definition of "substantial expansion" under Section 80IC - Distinction between deduction for new units and expansion by existing units under Section 80IC - Impact of substantial expansion on deduction eligibility under Section 80IC - Legal position clarified by the Apex Court regarding deduction under Section 80IC Analysis: The appeal filed by the Revenue challenges the order of CIT(A)-Rohtak for Assessment Year 2012-13, focusing on the addition of ?1,16,19,710 due to disallowance of deduction u/s 80IC. The Assessing Officer had restricted the deduction to 25% based on the assessee's substantial business expansion, contrary to the legislative intent. The CIT(A) relied on the ITAT decision in M/s Tirupati LPG Industries Ltd V/s DCIT, emphasizing that once a deduction is granted, it cannot be disturbed. The Revenue sought an adjournment initially, but upon review of relevant documents, including the Apex Court decision in a similar case, withdrew the application. The Assessing Officer's restriction of deduction to 25% was based on the assessee's business expansion history, which the CIT(A) found in favor of the assessee. The CIT(A) highlighted the independent nature of deductions for new units and expansion by existing units under Section 80IC. The term "substantial expansion" was crucial in determining the eligibility for deductions. The CIT(A) also noted the specific periods outlined in the clauses of Section 80IC and the continuous claim of deduction by the assessee since A/Y 2006-07. The Apex Court's decision clarified the legal position regarding deductions under Section 80IC. It emphasized the distinction between initial assessment years for new units and expansion by existing units, providing a structured approach to deduction eligibility based on the timing and nature of expansion. The judgment highlighted that substantial expansion can lead to a reset of the initial assessment year, impacting the percentage of deduction allowed. The Court's ruling affirmed the High Court's decision, dismissing the appeals by the Revenue and allowing those filed by the assessee. In light of the legal clarity provided by the Apex Court, the ITAT upheld the CIT(A)'s decision, dismissing the Revenue's appeal.
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