2020 (3) TMI 1347 - HC - Income Tax

Court dismisses appeal on deduction entitlement & applicability of tax sections, finding no new legal questions.

THE COMMISSIONER OF INCOME - TAX, THE ASST. COMMISSIONER OF INCOME – TAX, CIRCLE – 11 (5), BENGALURU Versus M/s. KARNATAKA POWER CORPORATION LIMITED

The court dismissed the appeal challenging the entitlement to deduction under section 80IA without setting off losses, as well as the applicability of ... Entitlement to deduction u/s 80IA - setting off of the loss of loss-making units against the profits of the profit- making units, without taking into consideration that deduction is provided to the eligible business and not for an undertaking - HELD THAT:- The proposed substantial question of law No.1 has been already answered M/S. KARNATAKA POWER CORPORATION LTD [2015 (1) TMI 1460 - KARNATAKA HIGH COURT]. MAT Computation u/s 115JB - whether the tribunal was correct in holding that section 115JB was not applicable to the assessee in view of Explanation - 3 to section 115JB without appreciating that the amendment is applicable only with effect from 1.4.2013 relevant Assessment year 2013-14? - HELD THAT:- Substantial question of law No.2 is answered by another Division Bench of this Court vide judgment M/S. ING VYSYA BANK LIMITED [2020 (1) TMI 1116 - KARNATAKA HIGH COURT] Issues:1. Interpretation of deduction under section 80IA of the Income Tax Act without setting off losses.2. Applicability of section 115JB and its amendment.3. Acceptance of additional ground regarding section 115JB applicability.Interpretation of deduction under section 80IA:The appeal under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal regarding the entitlement of the assessee to deduction under section 80IA without setting off losses. The court considered whether the deduction is provided to the eligible business or the undertaking. The Tribunal's decision was scrutinized in light of the facts and circumstances of the case. The court analyzed the nature of the deduction and its application without setting off losses against profits, emphasizing the specific provisions of the Act.Applicability of section 115JB and its amendment:The second substantial question of law revolved around the applicability of section 115JB to the assessee in view of Explanation 3 to section 115JB. The court deliberated on whether the amendment was applicable from a specific date and relevant assessment year. The Tribunal's decision was reviewed concerning the applicability of section 115JB and the timing of the relevant amendment. The court examined the provisions of section 115JB and its implications on the assessee's tax liability, considering the specific circumstances and legal framework.Acceptance of additional ground regarding section 115JB applicability:The Tribunal's acceptance of the additional ground raised regarding the applicability of section 115JB was also a point of contention. The court assessed whether the Tribunal was correct in accepting this additional ground, despite the assessee not raising the issue before the Assessing Officer or the Appellate Commissioner. The court considered the procedural aspects and the assessee's admission of the applicability of section 115JB in its return of income. The decision regarding the acceptance of the additional ground was analyzed in light of the procedural requirements and the Tribunal's discretion.Conclusion:Upon hearing the arguments, the court found that substantial questions of law raised in the appeal had already been addressed in previous judgments by different Division Benches of the Court. The court noted that substantial question of law No.3 did not survive for consideration. Consequently, the court dismissed the appeal, concluding that no substantial questions of law remained to be deliberated upon.