ITO v. Magic Software (P.) Ltd. (2025) 124 ITR 34 / 173 taxmann.com 59 (Delhi)(Trib)

S. 10A: Free trade zone-Software Technology Park unit-Brought-forward losses and unabsorbed depreciation of non-eligible unit not adjustable before allowing deduction.[S. 72]

 

The assessee had one Software Technology Park (STPI) unit eligible for deduction under section 10A and another non-STPI unit. The Assessing Officer adjusted the brought-forward losses and unabsorbed depreciation of the non-eligible unit before granting deduction under section 10A. The Tribunal held that the eligible undertaking had to be treated separately and the losses and depreciation of the non-eligible unit could not be adjusted while computing deduction under section 10A. The order of the Commissioner (Appeals) was upheld. (AY. 2011-12).

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