ACIT v. Suma Shilp Ltd. (2020)83 ITR 39 (SN) (Pune)(Trib.)

S. 80IA : Industrial undertakings -Initial Assessment year-Option given by CBDT to assessee to choose initial Assessment year-Prior period depreciation on investment in premises. [S. 80IA (4)(iv)(a) , 119]

Tribunal held that in the assessee’s case for the immediately preceding assessment year, i. e., 2011-12, had allowed the deduction to the assessee observing that the initial assessment year was the year in which the assessee had claimed first time the deduction under section 80-IA of the Act. Also find the CBDT Circular itself gave preference to the assessee to choose a particular year as the initial assessment year and in this case the assessee has chosen assessment year 2010-11. Therefore, the relief provided to the assessee by the Commissioner (Appeals) should be sustained. Tribunal also held that the entire depreciation and amortization expenses had been claimed in the balance-sheet and profit and loss account for the relevant assessment year and it included prior period deprecation on investment in premises. There was no need for any interference with the order of the Commissioner (Appeals). (AY.2012-13)