Chennai Special bench ruling on computation mechanism of tax holiday benefits

This Tax Alert summarizes a recent decision of the Special Bench (SB) of the Chennai Income Tax Appellate Tribunal (ITAT) [2010-TIOL-69-ITAT-MAD-SB] in the case of Scientific Atlanta India Technology Pvt. Ltd. (Taxpayer). The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non-eligible Undertaking), are required to be set off against the profits of another undertaking of the Taxpayer which is eligible for tax holiday (Eligible Undertakin...