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2016 (7) TMI 1089 - HC - Income TaxEntitlement to deduction under section 80 IA - Held that - Velayudhaswamy Spinning Mills Pvt. Ltd., s case (2010 (3) TMI 860 - Madras High Court ), held that once the losses and other deductions are set off against the income of the assessee in the previous year, it should not be re-opened again, for the purpose of computation of current year income, under Section 80-I and 80-IA of the Act.
Issues:
Challenge to the order of the Income Tax Appellate Tribunal regarding deduction under section 80 IA of the Income Tax Act and treatment of unabsorbed depreciation for computation of deduction u/s.80 IA. Analysis: The Tax Appeal challenged the Tribunal's order dismissing the appeal by the revenue against the Commissioner of Income-Tax (Appeals) order for the Assessment Year 2011-12. The substantial questions of law raised by the revenue included the entitlement to deduction under section 80 IA and the treatment of unabsorbed depreciation for deduction computation. The Court noted the consistent application of the decision in M/s.Velayudhaswamy Spinning Mills (P) Ltd. case and highlighted that the issue was pending before the Supreme Court. Referring to previous judgments, the Court emphasized that once losses and deductions are set off in the previous year, they should not be reopened for the current year's income computation under Section 80-I and 80-IA of the Act. The Court cited the Velayudhaswamy Spinning Mills Pvt. Ltd. case as a precedent, which was followed in subsequent cases like CIT v. R.Yuvaraj. It was noted that the pendency of a Special Leave Petition (SLP) before the Supreme Court did not negate the binding nature of the jurisdictional High Court's judgment. The Tribunal's decision to allow the deduction under section 80 IA based on the High Court's judgment was upheld, emphasizing the binding nature of the High Court's decision on authorities in the relevant states. The Court found no valid grounds to reverse the orders, and the questions of law were answered against the revenue and in favor of the assessee, leading to the dismissal of the Tax Case Appeal at the admission stage without costs.
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