Dismissing the appeal of the revenue the Court held that, any deduction claimed for the financial year 2000-01 under S.35DDA was to be considered for the assessment year 2001-02, when the section was incorporated with effect from April 1, 2001. Moreover, the Assessing Officer had allowed the voluntary retirement scheme payments in the earlier years and deduction claimed, in the assessment year in question, was only a consequential relief for the fifth year. S. 35DDA did not preclude the assessing authority to consider the voluntary retirement scheme payment as revenue expenditure. The Tribunal rightly upheld the findings recorded by the Commissioner (Appeals). No question of law arose. (AY. 2005-06)
CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H)(HC)
S. 35DDA : Amortisation of expenditure – Voluntary retirement scheme -Deduction relating to Financial Year 2000-01, Being Fifth Year deduction is available.