VidhiSangh

Supreme Court of India · 18/05/2018

MAHABIR INDUSTRIES versus PRINCIPAL COMMISSIONER OF INCOME TAX

[2018] 4 S.C.R. 484 · 2018 INSC 543

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Summary

The Supreme Court allowed Mahabir Industries’ Section 80-IC deductions for assessment years 2008–09 and 2009–10. Its Himachal Pradesh unit had completed undisputed substantial expansion in 2006–07. Earlier deductions under Sections 80-IA and 80-IB could not be counted against the ten-year Section 80-IC limit as the Revenue had done. The statutory aggregation referred specifically to the North-Eastern deduction provisions, which did not cover this unit.

Issues

  1. Whether earlier Section 80-IA and Section 80-IB deduction years had to be counted against this Himachal Pradesh unit’s Section 80-IC period following substantial expansion.
  2. Whether the Revenue could contest substantial expansion by relying on reconstruction jurisprudence under the 1922 Act.

Provisions considered

Held

Result

Appeals allowed; High Court judgment on the disputed deduction-period issue set aside. Assessee entitled to Section 80-IC deductions for assessment years 2008–09 and 2009–10.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 484.