Case Law Details
ITAT was not justified in holding that full deduction under subsection 80-I, 80-IA, 80-HH and 80HHD were admissible out of the current year’s income from eligible unit even though gross total income is negatived within the meaning of Section 80-AB read with Section 80B(5) of the Income Tax Act.
The provisions as provided under Section 80A-1 of the Act will have a over ridding effect, over, all other section in the chapter VI-A and the Act as per the intention of the legislature. Thus, section 80HH or any other section up to section 80U in chapter VI-A would be governed by section 80A of the Act as section 80AB makes it clear that the computation of income has to be in accordance with the provisions of the Act. As such, if the income has to be computed in accordance with the provisions of the Act, then not only profits but also losses have to be taken into consideration.
As section 80HH to section 80U under chapter VI-A are not independent and shall be governed by the provisions of section 80A read with section 80B(5) of the Act, thus, the losses of other units of the assessee in the present case were to be set off against, the profit earned by the assessee from other units.
IN THE HIGH COURT OF ALLAHABAD
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