Infrastructure Development Finance Co. Ltd. v. ACIT (2019) 412 ITR 115/ 262 Taxman 483 /(2020) 190 DTR 137(Mad.)(HC)

S. 36(1)(viii) : Eligible business-Special reserve-Providing long-term finance for Infrastructure Projects and facilities—Provision for bad and doubtful debts – held to be allowable. [S. 36(1)(viia)(c)]

Allowing the appeal of the assessee the Court held that  it was an admitted fact that the assessee fell within the definition of a “specified entity” and it carried on “eligible business” as provided under section 36(1)(viii) . Clauses (i) to (ix) of section 36(1) did not imply that those deductions depended on one another. If an assessee was entitled to the benefit under clause (i) of section 36(1), it could not be deprived of the benefits of the other clauses. This is how the provision was arrayed. The computation of amount of deduction under both these clauses had to be independently made without reducing the total income by deduction under section 36(1)(viii). (AY. 2002-03)