The different high Courts have taken different view as regards deduction under section 80HHC of the Act. The High Court of Bombay in Associated Capsules Pvt. Ltd. v. Dy. CIT, (2011) 332 ITR 42 (Bom)(HC) has decided the case in favour of assessee and where as a different view has taken by the High Court of Delhi in Great Eastern Exports v.CIT (2011) 332 ITR 14 (Delhi)(HC) Group of appeals has been referred to a Bench of three judges in view the order dated December 10, 2015 in ACIT v. Micro Labs Ltd (2016) 380 ITR 1 (SC). The three judges bench held that the Bombay High Court’s view in Associated Capsules Pvt. Ltd. v. Dy. CIT, (2011) 332 ITR 42 (Bom)(HC) that section 801A(9) does not affect the computability of deduction under various provisions under heading C of Chapter VI-A, but it affects the allowability of deductions computed under various provisions under heading C of Chapter VI-A, so that the aggregate deduction under section 80IA and other provisions under heading C of Chapter VI-A do not exceed 100 per cent. of the profits of the business of the assessee, is logical and correct. The court directed the registry to place the appeals before appropriate Bench. (AY. 2002-03)
Shital Fibers Ltd. v. CIT (2025) 476 ITR 309/174 taxmann.com 807 (Three Judges) (SC) Editorial : Associated Capsules Pvt Ltd v.Dy.CIT (2011) 332 ITR 42 (Bom)(HC), approved. ACG Associated Capsules P. Ltd v.CIT(343 ITR 89 (SC), Difference of opinion between two judges, ACIT v. Micro Labs Ltd (2016) 380 ITR 1 (SC), ACIT v. Rogini Garments (2007) 294 ITR (AT) 15 (Chennai)(SB)(Trib)
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Does not restrict computation of gross total income-Restricts deduction under any other provision under heading C to extent of deduction claimed under section 80IA-The aggregate deduction under section 80IA and other provisions under heading C of Chapter VI-A do not exceed 100 per cent. of the profits of the business of the assessee, is logical and correct. [S. 4(1), 80AB, 80B(5), 80HHC, 80IA(9), Chap. VI-A.]
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