Section 80IA windmill deduction allows choice of initial assessment year; earlier losses and depreciation must be treated at the correct stage.

For section 80IA windmill deductions, the assessee may choose the later year as the initial assessment year, and earlier years' losses of the eligible business are not to be compulsorily carried into the deduction computation so as to defeat that statutory option. The Tribunal also noted that depreciation under section 32 must be considered at the stage of computing total income under the general provisions, before working out the Chapter VIA deduction, and not by confusing that stage with quantification of the eligible deduction. Both issues were decided in principle for the assessee, with the matter remanded for fresh adjudication in accordance with law.

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Issues: (i) Whether, for deduction under section 80IA in respect of windmill units, the assessee could choose the later year as the initial assessment year and exclude earlier years' losses from set-off against the eligible unit's profits; (ii) whether depreciation under section 32 had to be reduced while quantifying deduction under section 80IA(4)(iii) or while computing total income.

Issue (i): Whether, for deduction under section 80IA in respect of windmill units, the assessee could choose the later year as the initial assessment year and exclude earlier years' losses from set-off against the eligible unit's profits.

Analysis: The scheme of section 80IA allows the assessee to exercise an option to select the initial assessment year for claiming deduction for the prescribed block of years. Earlier losses of the eligible business, prior to the chosen initial assessment year, are not to be forced into the computation in a manner that defeats the statutory option. The reasoning was supported by the interpretation already accepted in the cited Tribunal and High Court decisions, and the CBDT circular relied upon by the assessee also pointed to the year of first claim as the relevant initial assessment year.

Conclusion: The issue is decided in favour of the assessee, and the disallowance of set-off of earlier years' losses is not sustained, subject to fresh consideration in accordance with law.

Issue (ii): Whether depreciation under section 32 had to be reduced while quantifying deduction under section 80IA(4)(iii) or while computing total income.

Analysis: The computation of total income must first take place under the general charging and computation provisions, including section 32. The deduction under Chapter VIA is then to be worked out on the basis of the correctly computed gross total income. The lower authorities' approach created confusion between the stage of allowing depreciation and the stage of quantifying the eligible deduction, requiring reconsideration of the assessee's ground on the proper legal footing.

Conclusion: The issue is decided in favour of the assessee in principle, and the matter is restored for fresh decision after granting opportunity of hearing.

Final Conclusion: The appeal succeeds on both issues in principle, but the matters are sent back for fresh adjudication in accordance with law, with the assessee's claims left open to be reconsidered on remand.

Ratio Decidendi: For section 80IA claims, the initial assessment year is the year of first claim of deduction chosen under the statute, and deductions must be computed after applying the correct scheme of total-income computation, including depreciation, at the appropriate statutory stage.

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