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2019 (4) TMI 1392 - HC - Income TaxEligibility to deduction u/s 10A - AO denied claim as undertaking was formed by the transfer to a new business of machinery and plant previously used for any purpose - whether undertaking should not be formed by the transfer to a new business of machinery and plant previously used for any purpose? - HELD THAT:- The unit in question was transferred as going concern, entire business was transferred to the new owner who claimed continued benefit under Section 10A of the Act. This issue is squarely covered by the decision of Division Bench of this Court in the case of CIT Vs. Sonata Software Ltd. [2012 (4) TMI 99 - BOMBAY HIGH COURT] as held that sale of business was not a reconstruction within the meaning of Section 10A of the Act. - Decided against revenue.
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