2002 (2) TMI 43 - HC - Income Tax

New Industrial Undertaking, Special Deduction - Whether, on the facts and in the circumstances of the case, and in law, the Tribunal was right in coming to the conclusion that the relief under section 80J of the Income-tax Act, 1961, should be allowed from the total income which is not confined to the income of the (new) units? - Whether, on the facts and in the circumstances of the case, and in law, the Tribunal was right in coming to the conclusion that the relief under section 80J of the Income-tax Act should be allowed from the total income (which is not confined to the income) of the new units? - we are of the view that the Tribunal has not committed any error while holding that the assessee was entitled to the relief under section 80J from the total income of the assessee. We, therefore, answer the question referred to us in both the references in the affirmative, i.e., in favour of the assessee and against the Revenue.

Summary

Issues:
1. Interpretation of section 80J of the Income-tax Act, 1961 regarding the allowance of relief from total income.
2. Dispute over whether relief under section 80J should be allowed from total income or confined to income from new units.

Analysis:
1. The judgment involved the interpretation of section 80J of the Income-tax Act, 1961, regarding the allowance of relief from total income. The court considered the case where the assessee had made a claim under section 80J in respect of certain units of machinery. The Income-tax Officer denied the claim stating that the relief under section 80J was availed of up to a certain assessment year and no separate books of account were maintained for the new units. The Commissioner of Income-tax granted relief only in respect of profits from the new units. Both the Revenue and the assessee appealed before the Income-tax Appellate Tribunal. The Tribunal held that the assessee was entitled to the benefit under section 80J from the total income, not just from the new units. The Revenue did not challenge this finding, leading to the issue being brought before the High Court for resolution.

2. The second issue in the judgment revolved around the dispute over whether the relief under section 80J should be allowed from the total income or confined to the income from the new units. The court examined the plain reading of section 80J of the Act, emphasizing that the relief is based on the total income of the assessee and should not be limited to the income from the new units alone. Section 80J allows for a deduction from profits and gains derived from industrial undertakings, ships, or hotel businesses. The deduction is calculated based on the capital employed in the relevant business. The court analyzed the provisions of section 80J(1) and concluded that the Tribunal had not erred in determining that the relief should be granted from the total income of the assessee.

In conclusion, the High Court upheld the Tribunal's decision, ruling in favor of the assessee and against the Revenue. The court clarified that the relief under section 80J of the Income-tax Act should be allowed from the total income of the assessee, as per the provisions of the Act. The judgment provided a detailed analysis of the legal provisions and the application of the law in the context of the specific case, resolving the issues raised by the parties involved.