DEPUTY COMMISSIONER OF INCOME TAX, PUNE vs. SHRI SAMEER B. LADKAR, PUNE

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ITA 1358/PUN/2017Status: DisposedITAT Pune01 August 2019AY 2013-148 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the issue was squarely covered by previous decisions of the Tribunal and CBDT circulars. Following judicial discipline and earlier precedents, the deduction under Section 80IA(4) was allowed.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing deduction under Section 80IA(4) for windmill business. The Assessing Officer had denied this deduction, considering brought forward losses and unabsorbed depreciation.

What were the issues?

Whether brought forward losses or unabsorbed depreciation prior to the initial year of claim should be deducted while computing profit for Section 80IA(4) deduction.

Which sections of the Income-tax Act were involved?

Section 80IA(4),Section 80IA(5)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

For Appellant: Shri Sharad Shah
For Respondent: Shri Pankaj Garg
Hearing: 18.07.2019Pronounced: 01.08.2019

Heard together (2 matters)

ITA Nos.1358/PUN/2017
ITA Nos.1360/PUN/2017

Read from the judgment's own cause title. This page is filed under one of them.

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to :

1.

अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. CIT(A)-5, Pune. 4. Pr. CIT –4, Pune. 5 �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “बी” / DR, ITAT, “B” Pune; गाड� फाईल / Guard file. 6.

आदेशानुसार/ BY ORDER

// True Copy //

व�र�ठ �नजी स�चव / Sr. Private Secretary आयकर अपील�य अ�धकरण ,पुणे / ITAT, Pune.

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