Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT

340 ITR 477High Court2012#424 most cited

What is Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT authority for?

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

213

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Velayudhaswamy Spinning Mills · Section 80-IA · unabsorbed depreciation · unabsorbed losses · notional carry forward · already set off · eligible business deduction · Section 80-IA(5) · initial assessment year · 340 ITR 477

Issues it is cited on

Judgments citing Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT

Adobe Software India Pvt. Ltd., Noida vs. JCIT, Noida

In the result, the appeal of the assessee is partly allowed

ITA 2454/DEL/2013[2006-07]Status: DisposedITAT Delhi20 Jan 2016AY 2006-07

Bench: Smt. Diva Singh, Jm & Sh. N. K. Saini, Am Ita No. 2454/Del/2013 : Asstt. Year : 2006-07 Adobe Software India Pvt. Ltd. Vs Joint Commissioner Of Income (Now Amalgamated With Adobe Tax, Range-1, Systems India Pvt. Ltd.), Plot No. Noida 1-1A, City Centre, Sector-25A, Noida (U.P)-201301 (Appellant) (Respondent) Pan No. Aacca2982J Assessee By : Sh. Deepak Chopra & Rohan Khare, Advs. Revenue By : Sh. Amrendra Kumar, Cit Dr Date Of Hearing : 27.10.2015 Date Of Pronouncement : 20.01.2016 Order Per N. K. Saini, Am:

For Appellant: Sh. Deepak Chopra & Rohan Khare, AdvsFor Respondent: Sh. Amrendra Kumar, CIT DR
Section 143(3)Section 144CSection 153Section 170Section 292B

…wing case laws: " Deoria Oxygen Company Vs CIT 210 CTR 509 (All) " Birla Cotton Spg. & Wvg. Mills Ltd. Vs ITO 209 ITR 434 (Raj.) " CIT Vs Jagat Novel Exhibitors 356 ITR 559 (Del) " Century Enka Vs DCIT 303 ITR (AT) 1 (Mum) " Venad Properties (P.) Ltd. Vs CIT 340 ITR 463 (Del) " CIT Vs TVS Sundram Iyengar 238 ITR 328 (Mad) 11. The ld. DR submitted that there was no evidence furnished by the assessee of this germane aspect as to when the intimation of scheme of amalgamation was given by the assessee i.e. M/s Adobe Software India Pvt. Ltd. to its Jurisdictional Assessing Officer at Bangalore. It was further submitt…