2020 (1) TMI 1159 - HC - Income Tax

Deduction u/s 10A - computation before adjusting business loss/depreciation - Whether Tribunal was justified in not considering the Circular No. 7/DV/2013 dated 16.7.2013 of the CBDT which clarifies the position of law on the issue? - whether Tribunal was justified in holding that business loss and depreciation of the assessee were not liable for set-off against the current years' business profits? - HELD THAT - All the three questions are covered by the decision of the Supreme Court in Commissioner of Income Tax Vs. Yokogawa India Ltd 2016 (12) TMI 881 - SUPREME COURT as held from a reading of the relevant provisions of Section 10A it is more than clear to us that the deductions contemplated therein is qua the eligible undertaking of an assessee standing on its own and without reference to the other eligible or non-eligible units or undertakings of the assessee. The benefit of deduction is given by the Act to the individual undertaking and resultantly flows to the assessee. Though Section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI.

Summary

Issues:
1. Computation of deduction u/S. 10A of the Income Tax Act before adjusting business loss/depreciation.
2. Consideration of Circular No. 7/DV/2013 dated 16.7.2013 of the CBDT.
3. Set-off of business loss and depreciation against current years' business profits under Section 10A of the Act.

Analysis:
1. The first issue revolves around the computation of deduction u/S. 10A before adjusting business loss/depreciation. The Tribunal held that the deduction under Section 10A is to be computed independently for the eligible undertaking without considering other units or undertakings of the assessee. The Supreme Court's decision in Commissioner of Income Tax Vs. Yokogawa India Ltd [2017] supports this view by emphasizing that the benefit of deduction is provided to the individual undertaking, and the deductions must be made independently after determining the profits and gains of the eligible undertaking. Therefore, the Tribunal's decision aligns with the specific provisions of the Act and the Circular No. 794 dated 9.8.2000, leading to the dismissal of the appeal.

2. The second issue pertains to the consideration of Circular No. 7/DV/2013 dated 16.7.2013 of the CBDT. The Tribunal did not take this circular into account while making its decision. However, the Supreme Court's ruling in the aforementioned case clarifies the interpretation of Section 10A, emphasizing the independent computation of deductions for the eligible undertaking. As a result, the Tribunal's decision stands, and no substantial question of law arises in this regard.

3. The final issue concerns the set-off of business loss and depreciation against current years' business profits under Section 10A of the Act. The Tribunal held that business losses and depreciation of the assessee were not liable for set-off against the current years' business profits, citing a previous court ruling. The Tribunal's decision was supported by the Supreme Court's interpretation of Section 10A, which emphasizes the independent nature of deductions for the eligible undertaking. Consequently, the Tribunal's decision was upheld, and the appeal was dismissed with no order as to costs.

In conclusion, the judgment by the Bombay High Court in this case clarifies the interpretation of Section 10A of the Income Tax Act, emphasizing the independent computation of deductions for the eligible undertaking and upholding the Tribunal's decision in light of relevant legal provisions and precedents.