VidhiSangh

Supreme Court of India · 05/12/2017

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 11 (I) BANGALORE versus M/S. ACE MULTI AXES SYSTEMS LTD.

[2017] 12 S.C.R. 21 · 2017 INSC 1172

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that initial eligibility for the small-scale undertaking deduction did not guarantee relief for all ten years. An assessee that ceased to qualify as small-scale in a later assessment year could not claim that year’s incentive merely because growth caused the change. Continuing eligibility conditions remained enforceable.

Issues

  1. Whether small-scale status needed to continue in each year of the section80IB deduction period.
  2. Whether liberal construction of an incentive could dispense with an unmet eligibility condition.

Provisions considered

Held

Result

Revenue appeals disposed of on the basis that deduction is unavailable for a year in which small-scale eligibility is lost despite initial eligibility. Assessing authority permitted to pass compliance orders applying that principle to the individual cases.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 21.