Vestas Technology R&D Chennai (P) Ltd. v. ACIT (2021) 282 Taxman 195 (Mad.)(HC)

S. 147 : Reassessment-Free trade zone-Disallowance of expenditure-Reassessment notice was held to be justified. [S. 10A, 148, Art. 226]

Dismissing the petition the Court held that the expenditure were expressly disallowed under deeming fiction created by penal provisions, on account of infringement of law. By adding back same item, eligible profits got increased resulting in excess claim under section 10A.   Disallowance of expenditure was required to be added back to taxable income. Reopeing of notice was held to be justified. (AY. 2009-10)