VidhiSangh

Supreme Court of India · 01/03/2019

M/S. VIJAY INDUSTRIES versus COMMISSIONER OF INCOME TAX

[2019] 4 S.C.R. 928 · 2019 INSC 296

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Summary

For assessment years 1979–80 and 1980–81, the Court held that the Section 80HH deduction was calculated on profits and gains before depreciation and investment allowance. It overruled Motilal Pesticides and held that Section 80AB operated prospectively from assessment year 1981–82.

Issues

  1. Whether the historical Section 80HH deduction was computed before depreciation and investment allowance.
  2. Whether Section 80AB applied retrospectively to the assessment years in question.

Provisions considered

Held

Result

All assessees’ appeals allowed; Motilal Pesticides overruled. The ruling on deduction computation concerns the historical assessment years preceding Section 80AB’s operation.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 928.