2018 (4) TMI 140 - HC - Income Tax

Court upholds Tribunal decision on tax setoff, dismisses appeal on Section 263 interpretation.

The Court dismissed the appeal, finding no substantial question of law arising from the interpretation of Section 263 of the Income Tax Act, 1961. The ... Revision u/s 263 - AO has allowed setoff of brought forward loss in the said year without application of mind - whether the Assessee would be entitled to carry forward unabsorbed deprecation pertaining to the period 1974-75 to 1996-97 for more than eight years that is beyond assessment year 2004-05 - Held that:- The questions as proposed have become academic in view of the decision of this Court in Commissioner of Income Tax Vs. Hindustan Unilever Ltd. (2016 (7) TMI 1245 - BOMBAY HIGH COURT) which has approved and the decision of the Gujarat High Court in General Motors India Pvt.Ltd. (2012 (8) TMI 714 - GUJARAT HIGH COURT) on this very issue - No substantial question of law. Issues:1. Interpretation of Section 263 of the Income Tax Act, 1961.2. Validity of allowing setoff of brought forward loss without proper application of law.3. Entitlement to carry forward unabsorbed depreciation beyond a specific assessment year.Analysis:1. The first issue in this case revolves around the interpretation of Section 263 of the Income Tax Act, 1961. The Tribunal was questioned on whether the twin conditions required for invoking Section 263 were satisfied. The Revenue contended that the Tribunal erred in holding that Section 263 could not be invoked without proper testing against the conditions laid down in the Act. However, the Court did not find any substantial question of law arising from this issue, especially in light of previous decisions such as Commissioner of Income Tax Vs. Hindustan Unilever Ltd. The appeal was dismissed accordingly.2. The second issue concerns the validity of allowing setoff of brought forward loss without proper application of the law. The Assessing Officer had allowed the benefit of carry forward unabsorbed depreciation to the Respondent-Assessee for the assessment year 2007-08. However, the Commissioner of Income Tax set aside this order under Section 263, stating that it was not in accordance with the provisions of the law. The Tribunal, in its decision, relied on the Gujarat High Court judgment in General Motors India Pvt. Ltd. Vs. Deputy Commissioner of Income Tax to allow the appeal and hold that the Assessing Officer's order did not require interference.3. The third issue pertains to the entitlement of the Respondent-Assessee to carry forward unabsorbed depreciation of a significant amount beyond a specific assessment year. The Assessing Officer had allowed the carry forward of unabsorbed depreciation amounting to &8377; 87.08 Crores from the period 1974-75 to 1996-97 for the assessment year 2007-08. The Commissioner of Income Tax disagreed with this allowance and set aside the order under Section 263. However, the Tribunal, in its decision, upheld the order of the Assessing Officer, citing the Gujarat High Court judgment in General Motors India Pvt. Ltd. The Court found no substantial question of law arising from this issue and dismissed the appeal accordingly, without imposing any costs.