IFGL Refractories Ltd. v. Dy. CIT (2022) 95 ITR 287 (Kol)(Trib)

S. 10AA : Special Economic Zones-Computation-Exemption must precede any other adjustment of brought forward losses-Assessee denied full exemption due to system automatically-Matter remanded to Assessing Officer for purpose of limited verification of amount of exemption. [S. 70, 72, 74, 143(1)]

The Tribunal  held that where there is a unit which is eligible for exemption u/s 10AA of the Act, then the income must first be computed for that unit alone by allowing exemption u/s 10AA of the Act, meaning thereby that exemption u/s 10AA of the Act must precede any other adjustment of brought forward losses. In other words, the deduction u/s 10AA of the Act is to be allowed against the profit, and only thereafter the brought forward losses and income from other hands and the provisions for set off and carry forward would be allowed. (AY. 2016-17)