DCIT, MADURAI vs. M/S. THE METAL POWDER COMPANY LTD., THIRUMANGALAM
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal followed the Madras High Court's decision in Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT, which held that prior year losses are not to be set off against profits for Section 80-IA deduction. The Supreme Court also dismissed the Revenue's SLP on this matter.
What were the facts?
The Revenue appealed against the CIT(A)'s order concerning the assessment year 2012-13. The core issue was whether losses from earlier years needed to be set off before granting deduction under Section 80-IA.
What were the issues?
Whether losses of earlier years must be set off against profits when calculating deduction under Section 80-IA of the Income-tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT213 citing340 ITR 477 · 2012 · HC
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI [CAMP: MADURAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -1, Madurai, dated 26.04.2016 and pertains to assessment year 2012-13.
We have heard Shri Shiva Srinivas, the Ld. Departmental Representative and Shri S. Sridhar, the Ld.counsel for the assessee. Admittedly, the issue arises for consideration is with regard to setting off of losses of the earlier year for the purpose of granting deduction under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act'). This issue was considered by the Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT (340 ITR 477). The Madras High Court found that losses of the earlier year need not be set off while granting deduction under Section 80-IA of the Act. The case of the Revenue is that a Special Leave Petition was pending before the Apex Court against the judgment of Madras High Court in Velayudhaswamy Spinning Mills (P) Ltd. (supra). In fact, the CBDT vide its recent circular accepted the judgment of Madras High Court and instructed all its officers to withdraw the appeals pending in various forums. The Apex Court has dismissed the SLP filed by the Revenue. In those circumstances, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.
More judgments on Section 80-IA
- ACIT-Circle 6(1)(1) Mumbai, Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7767/MUM/2026[2013-14]Status: Disposed30 Sept 2026AY 2013-14
- ACIT-Circle6(1)(1) Mumbai., Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7766/MUM/2026[2016-17]Status: Disposed30 Sept 2026AY 2016-17
- DCIT, Central Circle- 2(4), Chennai vs Eco Protection Engineers Private Limited…ITA 597/CHNY/2026[2017-18]Status: Disposed18 Sept 2026AY 2017-18
- Shyam Metalics and Energy Limited, Kolkata vs DCIT, Central Circle 1(1), KolkataITTPA 12/KOL/2026[2022-2023]Status: Heard11 Sept 2026AY 2022-2023
- State Bank of India, Mumbai vs ACIT-Circle- 2(2)(1), MumbaiITA 3429/MUM/2018[2013-14]Status: Disposed11 Sept 2026AY 2013-14
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