2021 (1) TMI 1269 - HC - Income Tax

High Court grants appellant deduction under Income Tax Act, overturning previous denial.

The High Court allowed the appellant to claim a deduction under Section 35(2AB) of the Income Tax Act by quashing the previous order that denied the ... Deduction u/s 35(2AB) - Appellant was not entitled to deduction u/s 35(2AB) to the extent the expenses eligible for deduction under the said provision pertained to a unit entitled for deduction under Section 10B - whether Tribunal was right in holding that the weighted deduction under Section 35(2AB) would not be available to the Appellant while computing the income of the unit eligible for relief under Section 10B? - HELD THAT:- For the reasons assigned by us in [2021 (2) TMI 112 - KARNATAKA HIGH COURT] insofar as it pertains to the finding that the assessee is not entitled to claim deduction under Section 35(2AB) of the Act is hereby quashed. Issues:1. Reopening of assessment under Section 147 of the Income Tax Act2. Entitlement to deduction under Section 35(2AB) of the Act3. Availability of weighted deduction under Section 35(2AB) for a unit eligible for relief under Section 10B4. Applicability of Section 14A of the Act to the appellantAnalysis:Reopening of assessment under Section 147 of the Income Tax Act:The appeal raised a question regarding the correctness of upholding the reopening of assessment under Section 147 of the Act when the necessary conditions were allegedly not satisfied. The Tribunal's decision was challenged, and the High Court examined this issue. However, the judgment did not provide specific details on the outcome of this particular issue.Entitlement to deduction under Section 35(2AB) of the Act:The Tribunal's finding that the appellant was not entitled to claim a deduction under Section 35(2AB) of the Act was challenged in the appeal. The High Court, in its judgment, quashed the order dated 30.04.2014, which denied the appellant the deduction under this section. This decision favored the appellant, allowing them to claim the deduction under Section 35(2AB) of the Act.Availability of weighted deduction under Section 35(2AB) for a unit eligible for relief under Section 10B:The Tribunal's decision regarding the availability of weighted deduction under Section 35(2AB) for a unit eligible for relief under Section 10B was also a subject of dispute in the appeal. The judgment did not provide a detailed analysis or outcome of this issue, except for mentioning the quashing of the order related to the deduction under Section 35(2AB).Applicability of Section 14A of the Act to the appellant:The issue of whether Section 14A of the Act was applicable to the appellant, despite having no exempt income, was raised in the appeal. The judgment did not explicitly discuss the outcome of this issue, as the decision primarily focused on quashing the order related to the deduction under Section 35(2AB) of the Act. Therefore, further details regarding the applicability of Section 14A to the appellant were not provided in the judgment.