Section 115BBD of the Income Tax Act
The decision most relied on for Section 115BBD is CIT v. Refrigeration & Allied Industries Ltd. (247 ITR 12), cited in 50 of the 39 judgments on BharatTax that turn on this section.
Leading authorities on Section 115BBD
An asset, once installed and kept in an operational condition for business use, is eligible for depreciation even if it is not actively used during the entire previous year due to external business reasons.
A mere substantial profit does not inherently indicate an arrangement to earn profits beyond ordinary levels to abuse tax concessions under Section 80-IA(9) or (10). The Assessing Officer must provide specific evidence of such an arrangement.
An Assessing Officer cannot arbitrarily adjust the profit margin of a specific unit by comparing it to the overall profit margin of the assessee, especially when the units have different business natures and separate books of accounts are maintained.
Disallowance under section 14A of the Income Tax Act is justified when the Assessing Officer records dissatisfaction with the assessee's claim that no expenditure was incurred.
An assessee is eligible for deduction under Section 10A of the Income Tax Act, as decided in the assessee's own case for earlier assessment years.