| Citation(s) |
|---|
| 2009 SLG 2247 2009 SLD 2247 (2009) 312 ITR 22 (2009) 177 TAXMAN 168 |
Delhi High Court
IT APPEAL Nos. 1009 AND 1012 OF 2007, NOVEMBER 21, 2008
BADAR DURREZ AHMED AND RAJIV SHAKDHER, JJ.
Ms. Rashmi Chopra for the Appellant. Anil Sharma for the
Respondent.
IT APPEAL Nos. 1009 AND 1012 OF 2007, NOVEMBER 21, 2008
BADAR DURREZ AHMED AND RAJIV SHAKDHER, JJ.
Ms. Rashmi Chopra for the Appellant. Anil Sharma for the
Respondent.
Commissioner of Income Tax -V
v.
Natraj Stationery Products (P.) Ltd.
Law:
Section:
Section 80IB, read with section 80-IA (as it stood prior to 1-4-2000), of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial undertakings other than infrastructure development undertakings - Assessment years 2000-01 and 2001-02 - In assessment year 1994-95, assessee had set up a small scale industrial undertaking for purpose of manufacture of photo albums and commenced manufacture on 24-3-1994 - As it continuously suffered losses till assessment year 1997-98, it did not claim any deduction under section 80-IA (as it then stood) - In assessment years 1998-99 and 1999-2000, it, having earned profit, filed returns claiming deduction under said provision and said returns were processed under section 143(1)(a) - Thereafter, by virtue of Finance Act, 1999, with effect from 1-4-2000, section 80-IA was bifurcated into two sections, namely, sections 80-IA and 80-IB and deductions, which were available under section 80-IA(2)(iv)(a), were made available under section 80-IB(3)(i) - Therefore, for assessment years 2000-01 and 2001-02, Assessing Officer examined assessee's claim for deduction under section 80-IB(3)(i) and held that in order to be eligible for deduction, an undertaking, which was a small scale industrial undertaking, had to commence production during period beginning on 1-4-1995 and ending on 31-3-2000 and since in instant case assessee had commenced production on 24-3-1994, it was not entitled to deduction - Whether since initial year for claim of deduction in respect of assessee was assessment year 1994-95, state of law was required to be traced from that year, as deduction was thereafter available for ten consecutive years ending with assessment year 2003-04 - Held, yes - Whether since in assessment year 1994-95, deduction to assessee would have been available under section 80-IA(2)(iv)(a) (as it then stood) and there was no distinction between a small scale undertaking or any other undertaking in that year, assessee was entitled to deduction under section 80-IB(3)(i), provisions of which are pari materia with provisions of section 80-IA(2)(iv) as obtaining in initial year - Held, yes FACTS In the assessment year 1994-95, the…
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