The Tax PublishersIT Appeal Nos. 4409 (Del) of 2003, 1537 to 1539 & 1827 (Del) of 2007
2009 TaxPub(DT) 1821 (Del-Trib) : (2009) 029 (II) ITCL 0245 : (2009) 315 ITR 0401 : (2009) 119 ITD 0107 : (2009) 123 TTJ 0577 : (2009) 025 DTR 0073 : (2010) 001 ITR (Trib) 0433

Asstt. CIT v. Hindustan Mint & Agro Products (P) Ltd.

INCOME TAX ACT, 1961

Deduction under section 80-IA - Profits and gains from Industrial undertakings -Allowability of

Held: Judgment provided in Madras High Court in SCM Creations v. Asstt. CIT [2008] 304 ITR 319 was not an authority for proposition as to how provisions of section 80-IA (9) made applicable with effect from assessment year 1999-2000 were to be applied and it does not impliedly overrule decision of Special Bench of Tribunal in case of Asstt. CIT v. Rogini Garments [2007] 108 ITD 49 (Chennai). Restriction contained in section 80-IA or 80-IB was not to allow repeated deduction applicable to same profit, but said restrictions were not applicable to profits derived from separate undertakings.

Income-tax Act, 1961, Section 80-IA

A.Y. : 1998-99, 2001-02, 2003-04 and 2004-05
Decision: In favour of assessee.

Case Law Analysis:Asstt. CIT v. Rogini Garments [2007] 108 ITD 49 (Chennai) (SB) (para 20.2), SCM Creations v. Asstt. CIT [2008] 304 ITR 319 (Mad.) (para 20)

INCOME TAX ACT, 1961

Deduction under section 80HHC - Computation -Effect of deduction under section 80-IA / 80-IB

Held:Since, deduction was allowed under provision of Chapter VI-A with heading C (covering sections 80H, 80HHC, etc.) therefore, it was to be reduced by an amount of deduction allowed under section 80-IA/80-IB.

Income-tax Act, 1961, Section 80HHC, Circulars and Notifications :CBDT Circular No. 772, dated 23-12-1998

Decision: In favour of assessee.

Asstt. CIT v. Hindustan Mint & Agro Products (P) Ltd.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com