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The CBDT has also issued a Circular No.1/2016 dated 15.12.2016 wherein it has been clarified that the initial Asst. year for the purpose of Section 801 A(5) is not the year of commencement of production, but it is the first year of claim of deduction at the assessee's choice out of block period of 10 years. In the appellant'scase, the losses incurred by it were already set off and adjusted against the profits of the earlier years. During the current Assessment year 2011- 12, the appellant exercised the option under s.80-IA(2). During the relevant period, there was no unabsorbed depreciation or loss of t he eligible undertaking and the same were already absorbed in the earlier years. Thus there was positive profit during the year and the deduction claimed was correct as per the provisions of section 80IA(5). 6.3 The facts of thecasecontinue to be same and hence following the clarification as per circular No.1 /2016 issued by CBDT, ratio of Hon'ble ITAT Ahmedabad's judgment in thecaseof Sadbhav Engineering Ltd. (supra) as well as relying upon the decision of CIT(A) in earlier year in the appellant's owncaseit is held that appellant is entitled to deduction U/S.80IA on the profits derived from wind mill unit amounting to Rs. 2,90,55,441/-. In the result, both the appeals of the Revenue are dismissed.

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Sec. 10AA of Income Tax Act, 1961 - Deduction - The CBDT has also issued a Circular No.1/2016 dated 15.12.2016 wherein it has been clarified that the initial Asst. year for the purpose of Section 801 A(5) is not the year of commencement of production, but it is the first year of claim of deduction at the assessee's choice out of block period of 10 years. In the appellant's case, the losses incurred by it were already set off and adjusted against the profits of the earlier years. During the current Assessment year 2011- 12, the appellant exercised the option under s.80-IA(2). During the relevant period, there was no unabsorbed depreciation or loss of t he eligible undertaking and the same were already absorbed in the earlier years. Thus there was positive profit during the year and the deduction claimed was correct as per the provisions of section 80IA(5). Hence, appellant/assessee is entitled to deduction U/S.80IA on the profits derived from wind mill unit amounting to Rs. 2,90,55,441/-. - ZAVERI AND CO P. LTD. V/s DEPUTY CIT - [2020] 184 ITD 777 (ITAT-AHMEDABAD)