2006 (10) TMI 251 - AT - Income Tax

Summary

Issues involved: The judgment deals with the allowability of deduction u/s 80-IA of the Income-tax Act, 1961 for the assessment years 1997-98, 1998-99, and 2000-01.

Assessment Year 1997-98:
The respondent assessee, a company engaged in manufacturing of yarn and trading of raw wool and knitted cloth, claimed deduction u/s 80-IA for profits derived from trading activities. The Assessing Officer denied the deduction, stating that only profits from the business of industrial undertaking are eligible. The CIT(A) upheld the assessee's claim, emphasizing the use of the words "any business" in section 80-IA. The revenue appealed, citing a High Court decision and a Tribunal order. The assessee argued that section 80-IA is more liberal than the previous section 80-I, allowing deduction for profits from any business of an industrial undertaking. The Tribunal, considering the authoritative High Court decision, ruled in favor of the revenue, stating that trading profits do not qualify as profits derived from an industrial undertaking under section 80-IA. The order of the CIT(A) was set aside, and the Assessing Officer's decision was restored.

Assessment Years 1998-99 and 2000-01:
The appeals for these years were decided based on the same issue as in the assessment year 1997-98. The Tribunal applied the decision from the earlier year, upholding the denial of deduction u/s 80-IA for profits derived from trading activities. Consequently, all the revenue's appeals were allowed for these years as well.