Allahabad HC upholds ITAT
order for AY 2001-02, denies Sec. 80-IB deduction to assessee-company’s
(running a flour mill) on profits of industrial unit formed by takeover of
entire business from another entity; Holds that the industrial unit was set up
by purchase of used plant and machinery thus, resulting in violation of
condition u/s 80IB(2)(ii), observes that the purpose of Sec. 80-IB is to
promote setting up of a new industrial undertaking by purchasing new plant and
machinery which stands defeated in assessee's case; Relies on Madras HC
ruling in Heartland KG Information Limited rendered in context of Sec. 10A(2),
observes that Sec. 80IB(2)(ii) is pari materia with Sec.
10A(2)(iii); Clarifies that transfer of used plant and machinery to a new
undertaking and the formation of an industrial undertaking by splitting up/
reconstruction of existing business are two separate conditions u/s 80IB(2),
distinguishes assessee's reliance on Bombay HC ruling in Sonata Software
Limited in the context of splitting up/reconstruction; Remarks
that “The transfer of the used plant and machinery may not result in
splitting and reconstruction of the existing industrial undertaking but
nevertheless when an unit as a whole is transferred, it includes the transfer
of plant and machinery which was in use by the existing unit of a separate
legal entity for the formation of a separate industrial undertaking. This kind
of transfer is clearly hit by clause (iii) of Sec. 10A(2)..”:HC
Subscribe to:
Post Comments (Atom)
India-Mauritius DTAA Protocol Notified: Key Tax Implications
The Government of India has notified the amendment to the Protocol of the India-Mauritius Double Tax Avoidance Agreement (DTAA) on 13 Oct...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
In a recent informal guidance letter, SEBI clarified whether a cousin of a Promoter Group member qualifies as a person ‘related to promote...
-
Key features of File Validation Utility (FVU) version 3.3 FVU 3.3 will be applicable for quarterly TDS/ TCS statements pertaining to...
-
Facts The applicant („A‟) is a closely held Public Limited company incorporated in India in the year 1953. A‟s shareholder included A (...
-
CIT vs. The Instalment Supply Ltd (Delhi High Court) The assessee bought 1614 items of computer systems for Rs.40 lacs from HCL Hewlett ...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
Until now, 'Samaritans' is not how the Independent Directors are purported by Clause 49 in the Listing agreement. An Independ...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
1. Concept of “limited liability partnership” LLP is an alternative corporate business form that gives the benefits of limited liability ...
No comments:
Post a Comment