MAHESWARI MINING & ENERGY PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD
What did the Tribunal hold?
The Tribunal held that Section 32AD is a beneficial provision and should be interpreted liberally in favour of the assessee. The notification specifying backward areas does not override the provisions of Section 32AD(1) and its effective date does not preclude the assessee from claiming the deduction.
What were the facts?
The assessee claimed a deduction of Rs. 13,02,71,498 under Section 32AD for setting up power plants in backward areas. The Assessing Officer disallowed this claim, stating the notification specifying backward areas was effective only from July 20, 2016, after the machinery was installed.
What were the issues?
Whether the assessee is eligible for deduction under Section 32AD when the notification specifying backward areas was issued after the installation of assets but within the period prescribed by the section.
Which sections of the Income-tax Act were involved?
Section 32AD
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Cases cited in this judgment(15)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Vegetable Products Ltd.2,664 citing77 ITR 518 · 1973 · SC
- Mavilayi Service Co-operative Bank Ltd. v. CIT999 citing123 Taxmann.com 161 · 2021 · SC
- 533 citing
- 14 In Sun Export Corporation, Bombay v. Collector of Customs184 citing6 SCC 564 · 1997
- Karimtharuvi Tea Estate Ltd. v. State of Kerala136 citing60 ITR 262 · 1966 · SC
- Commissioner of Customs v. Dilip Kumar & Co.114 citing95 Taxmann.com 327 · 2018 · SC · Read judgment
- CIT v. Naga Hills Tea Co. Ltd.92 citing89 ITR 236 · 1973 · SC · Read judgment
- Azadi Bachao Andolan (2003)(177 Taxation 775) and Pradip J Mehta v. CIT64 citing300 ITR 231 · 2008 · SC
- State of Orissa v. Sudhanshu Sekhar Misra47 citing2 SCR 154 · 1968 · SC
- CIT v. Sirpur Paper Mills24 citing237 ITR 41 · 1999 · SC · Read judgment
- Gopal & Sons (HUF) v. CIT23 citing391 ITR 1 · 2017 · SC · Read judgment
- CIT v. Isthmian Steamship Lines20 citing20 ITR 572 · 1951 · SC
- Kishorbhai Harjibhai Patel v. ITO10 citing417 ITR 547 · 2019 · HC
- CCE v. Favourite Industries8 citing7 SCC 153 · 2012
- CED v. R. Kanakasabai5 citing89 ITR 251 · 1973 · SC
Income Tax Appellate Tribunal, HYDERABAD BENCHES “A”: HYDERABAD
Before: SHRI LAXMI PRASAD SAHU & SHRI K. NARASIMHA CHARY
आदेश/ORDER
Per MANJUNATHA, G. A.M
In accordance with the view expressed by the third Member, Hon'ble Vice-President, Hyderabad in the above case vide order dated 1/04/2024, we agree with the order proposed by the learned JM that the assessee is entitled to deduction u/s 32AD of the I.T. Act.
In the result, appeal of the assessee is allowed.
:- 76 -: M/s Maheswari Mining & Energy Pvt. Ltd., Hyderabad.
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