C.I.T. & ANR. Vs. M/S YOKOGAWA INDIA LTD.
SUPREME COURT OF INDIA
C.I.T. And Anr.
M/S Yokogawa India Ltd.
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RANJAN GOGOI,J. -
(1.) Leave granted in all the special leave petitions.
(2.) The true and correct meaning and effect of the provisions of Section 10A of the Income Tax Act, 1961 (hereinafter
referred to as "the Act") is the principal issue arising for
determination of the Court. At the outset, it must be made
clear that the decision of this Court with regard to the
provisions of Section 10A of the Act would equally be
applicable to cases governed by the provisions of Section 10B
in view of the said later provision being pari materia with
Section 10A of the Act though governing a different situation.
(3.) The broad question indicated above may be conveniently dissected into the following specific questions arising in the
cases under consideration.
(i) Whether Section 10A of the Act is beyond the purview of the computation mechanism of total income as defined under the Act. Consequently, is the income of a Section 10A unit required to be excluded before arriving at the gross total income of the assessee
(ii) Whether the phrase "total income" in Section 10A of the Act is akin and pari materia with the said expression as appearing in Section 2(45) of the Act
(iii) Whether even after the amendment made with effect from 1.04.2001, Section 10A of the Act continues to remain an exemption section and not a deduction section
(iv) Whether losses of other 10A Units or non 10A Units can be set off against the profits of 10A Units before deductions under Section 10A are effected
(v) Whether brought forward business losses and unabsorbed depreciation of 10A Units or non 10A Units can be set off against the profits of another 10A Units of the assessee. ;
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