S. 80IB deduction conditions to be fulfilled in all years of deduction claim

CIT Vs M/s Micro Instruments Company (Punjab & Haryana High Court)

Brief of the case:

• The Hon’ble Punjab & Haryana HC in the above cited case held that deduction under section 80IB is allowable over a period of 6 years which follows that conditions for claiming deduction must remain fulfilled in all years for which deduction being claimed.
• Therefore, even when AO has allowed deduction in an Assessment year would not restrict him to retest the compliance to conditions stated in Sec 80IB who on finding non-compliance bound to disallow the deduction for the AY and all coming AYs. However, deduction already allowed for earlier AYs cannot be disallowed.

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