The Tax Publishers2020 TaxPub(DT) 1184 (SC) : (2020) 270 TAXMAN 0173

INCOME TAX ACT, 1961

Section 261 Section 80-IC

Where the Department preferred SLP to appeal against the judgment of Himachal Pradesh High Court in SBS Biotech v. Pr. CIT [ITA Nos. 19 & 20 of 2018, dt. 9-5-2018] : 2020 TaxPub(DT) 1343 (HP-HC), whereby the High Court held that issues involved in the present appeals already stand adjudicated by this Court in ITA No. 20 of 2015, titled as Stovekraft India v. CIT (2018) 400 ITR 225 (HP) : 2017 TaxPub(DT) 5182 (HP-HC), that those units which have commenced production after 7-1-2003 and carried out 'substantial expansion' prior to 1-4-2012 would be entitled to benefit of deduction under section 80-IC at different rate of percentages and there may be more than one initial assessment year and also more than one substantial expansion but cap is total ten assessment years, the Supreme Court following Pr. CIT v. Aarham Softronic (2019) 412 ITR 623 (SC) : 2019 TaxPub(DT) 1345 (SC), dismissed the SLP.

Appeal (Supreme Court) - Special leave petition - Deduction under section 80-IC - Substantial expansion--Computation of

Department preferred SLP to appeal against the judgment of Himachal Pradesh High Court in SBS Biotech v. Pr. CIT [ITA Nos. 19 & 20 of 2018, dt. 9-5-2018] : 2020 TaxPub(DT) 1343 (HP-HC), whereby the High Court held that issues involved in the present appeals already stand adjudicated by this Court in ITA No. 20 of 2015 titled as Stovekraft India v. CIT (2018) 400 ITR 225 (HP) : 2017 TaxPub(DT0 5182 (HP-HC) , that those units which have commenced production after 7-1-2003 and carried out substantial expansion prior to 1-4-2012 would be entitled to benefit of deduction under section 80-IC at different rate of percentages and there may be more than one initial assessment year and also more than one substantial expansion but cap is total ten assessment years. Held: The Supreme Court following Pr. CIT v. Aarham Softronic (2019) 412 IT 623 (SC) : 2019 TaxPub(DT) 1345 (SC), dismissed the SLP.

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