VidhiSangh

Supreme Court of India · 09/10/2017

PLASTIBLENDS INDIA LIMITED versus ADDL. COMMISSIONER OF INCOME TAX, MUMBAI & ANR.

[2017] 10 S.C.R. 104 · 2017 INSC 1016

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

Summary

Industrial undertakings claiming profit-linked deductions under Section 80-IA sought to omit depreciation from eligible profits for assessment years preceding the 2001 amendment. The Court upheld the Bombay High Court’s Full Bench ruling that depreciation must be deducted in computing the eligible profits, whether claimed or not. Mahendra Mills did not permit enhanced Chapter VI-A deductions through disclaiming depreciation.

Issues

  1. Whether an assessee could enlarge the Section 80-IA deduction by declining current depreciation.
  2. Whether Mahendra Mills governed computation of the special profit-linked deduction.
  3. Whether the temporal effect of Explanation 5 to Section 32 required determination.

Provisions considered

Held

Result

All assessees’ appeals dismissed; depreciation remained deductible in computing the eligible profits for Section 80-IA relief.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 104.