2004 (10) TMI 80 - HC - Income Tax

Deduction under section 80J - capital employed - Whether Tribunal was right in law in directing the Assessing Officer to recomputed deduction under section 80J by including a sum of Rs. 1,50,000 in the capital employed. - In our opinion, the initial capital to the tune of Rs. 1,50,000 which stood employed in the business of the roller unit and transfer of the same to the sawgin unit did not entitle the assessee to include the said amount in capital employed under section 80J - Tribunal erred in holding that the capital of Rs. 1,50,000 would be attributed to the sawgin unit - In view of the above, the question referred to this court by the Tribunal, is answered in favour of the Revenue and against the assessee

Issues:
1. Interpretation of section 80J of the Income-tax Act, 1961 regarding deduction for newly established industrial undertakings.
2. Determination of capital employed for calculating deductions under section 80J.
3. Whether the capital transferred from one unit to another can be included in the capital employed for the purpose of claiming deductions under section 80J.

Analysis:

1. The judgment revolves around the interpretation of section 80J of the Income-tax Act, 1961, which allows deductions for profits and gains from newly established industrial undertakings. The court emphasized the importance of the term "newly established" and the objective of encouraging the establishment of new industries in the country. The Kerala High Court's decision in Kerala State Cashew Development Corporation v. CIT was referenced to highlight that the focus is on the establishment of the undertaking itself, not on the person acquiring it later. The court agreed with this interpretation, emphasizing the need for fresh capital by new entrepreneurs to qualify for tax concessions under section 80J.

2. The case involved determining the capital employed for calculating deductions under section 80J. The Assessing Officer had restricted the allowance under section 80J by treating a sum of Rs. 1,50,000 as a deemed transfer from one unit to another. The Tribunal held that the capital at the beginning of the year should have been considered, and there was no justification for attributing the capital of Rs. 1,50,000 to a specific unit. The court analyzed the provisions of section 80J, particularly sub-clauses (II) to (IV) of sub-section (1A), which specify the computation of capital employed in an industrial undertaking.

3. The main contention in the case was whether the capital transferred from one unit to another could be included in the capital employed for claiming deductions under section 80J. The Revenue argued that the initial capital invested by the partners in one unit was utilized for various assets of another unit and, therefore, should not be considered for deductions under section 80J. The court agreed with the Revenue, stating that the transfer of capital from one unit to another did not entitle the assessee to include that amount in the capital employed under section 80J. The judgment favored the Revenue and held that the capital transfer did not meet the requirements for claiming deductions under section 80J.

In conclusion, the court's decision in this case clarified the interpretation of section 80J of the Income-tax Act, emphasizing the importance of newly established industrial undertakings and the computation of capital employed for claiming deductions. The judgment highlighted the need for fresh capital in new ventures to qualify for tax concessions under section 80J, ultimately ruling in favor of the Revenue regarding the capital transfer between units for deduction purposes.

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