Aquarelle India Ltd. v. Dy. CIT (2023) 157 taxmann.com 244/ (2024) 336 CTR 365 (Karn)(HC)

S. 80JJAA : Employment of new workmen-Period of 300 days can be taken in to consideration both in the previous and succeeding years-It is not required that workmen work for 300 days in previous year relevant to assessment year-Appeal of assessee is allowed.[S. 260A]

The assessee is  in the business of manufacturing apparels and it employed workmen routinely. It claimed deduction under section 80JJAA in respect of new regular employees, employed on permanent basis..The Assessing Officer held  that workmen were not employed for a period of 300 days in previous year and, therefore, assessee was not entitled for said benefit. Order of the Assessing Officer is affirmed by the CIT(A) and Tribunal. On appeal allowing the appeal of the assessee the Court held that Period of 300 days can be taken in to consideration both in the previous and succeeding years.   (AY. 2013-14 to 2016-17)