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June 2012

Set-off of loss of EOU: Exemption or deduction: Sections 10B, 70, and 80-IA(5) of Incometax Act, 1961: A.Y. 2005-06: Section 10B as amended w.e.f. 1-4-2001 is not a provision for exemption but a provision for deduction: Loss sustained from such an eligible unit can be set off against business income from other units.

By K. B. Bhujle, Advocate
Reading Time 1 mins
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[CIT v. Galaxy Surfactants Ltd., 343 ITR 108 (Bom.); 249 CTR 38 (Bom.)]

In the previous year relevant to the A.Y. 2005-06, the assessee’s EOU which was eligible for deduction u/s.10B of the Income-tax Act, 1961 incurred loss. The assessee claimed the set-off of the said loss against the profits of the other units. The Assessing Officer disallowed the claim for set-off of the loss holding that the loss sustained by the eligible units cannot be set off against the profits of the other units. The Tribunal allowed the assessee’s claim.

On appeal filed by the Revenue, the Bombay High Court upheld the decision of the Tribunal and held as under: “

(i) Section 10B as it stands after substitution by the Finance Act, 2000 w.e.f. 1-4-2001, is not a provision for exemption, but a provision which enables an assessee to claim a deduction.

(ii) The loss which is sustained by an eligible unit can be set off against the income arising from other units under the same head of profits and gains of business or profession.”

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