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2014 (1) TMI 862 - AT - Income TaxClaim of deduction u/s 10A of the Act Held that - The decision in CIT & Anr. Vs. Yokogawa India Ltd. and Others 2011 (8) TMI 845 - Karnataka High Court followed - The assessee is eligible to claim deduction under Section 10A without setting of losses suffered by other units and there is nothing that stops the assessee from claiming set off on the balance profits which remained after the claim of deduction Decided in favour of Assessee. TDS credit not given Credit available to amalgamating company- Held that - Assessing Officer has no way to verify whether the tax credit claimed has been properly made and paid - Assessing Officer has also no way to verify whether the amalgamating company had claimed credit for such amount after filing a tax return the assessee ought have moved Hon ble jurisdictional High Court for effective directions in this regard for carrying out the scheme of amalgamation, to the logical conclusion - Assessee having not done that, cannot require the Assessing Officer to give credit for a sum which has not been proved by it as remitted to the Treasury by the deductors As the matter requires a fresh look by the Assessing Officer the same is remitted back Decided in favour of Assessee.
Issues:
1. Claim for deduction under Section 10A of Income-tax Act, 1961 - Whether deduction allowed only after setting off losses suffered by other units. 2. Credit for deduction of tax at source not given to the assessee after amalgamation with another company. Issue 1: Claim for deduction under Section 10A of Income-tax Act The appellant raised concerns regarding the deduction under Section 10A of the Income-tax Act, claiming that the deduction was allowed by the Assessing Officer only after setting off losses from other units. The appellant argued that losses from earlier years should have been allowed for set off against the remaining balance income after claiming the Section 10A deduction. The Assessing Officer computed the profits of the appellant's unit, Office Tiger (Chennai), and deducted losses from other units before allowing the Section 10A deduction. The appellant cited precedents and decisions to support its claim that deduction under Section 10A should be allowed without setting off losses from other units. The Tribunal agreed with the appellant, holding that the appellant was eligible to claim the deduction under Section 10A without setting off losses from other units, emphasizing that only the total income could be assessed. Issue 2: Credit for deduction of tax at source post-amalgamation The grievance raised by the appellant was that credit for the deduction of tax at source, available to the amalgamating company, was not given to them after amalgamation. The amalgamation was approved by the jurisdictional High Court, and the appellant claimed TDS credit, including the amalgamating company's portion. The Assessing Officer denied the credit for the amalgamating company's TDS amount, stating that the TDS was not uploaded in the system. The appellant argued that they had no control over the deductors to ensure TDS credit upload and insisted on receiving the full credit amount. The Tribunal acknowledged the amalgamation approval but highlighted the need for proper verification of TDS credit by the Assessing Officer. The Tribunal suggested that the appellant should seek directions from the High Court to ensure the proper remittance of TDS by the deductors. The Tribunal allowed the appeal for statistical purposes, indicating that the matter required further examination by the Assessing Officer with proper evidence and directions. In conclusion, the Tribunal ruled in favor of the appellant on both issues, allowing the claim for deduction under Section 10A without setting off losses from other units and directing the appellant to pursue proper verification and evidence for the credit of tax at source post-amalgamation. The judgment emphasized the importance of following legal procedures and obtaining necessary directions for accurate assessment and credit allocation.
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