2006 (9) TMI 487 - HC - Income Tax

Interpretation of statute - Export incentives Duty Drawback/DEPB - Deduction claimed u/s 80-IB in respect of DEPB - HELD THAT - We are of the view that for the reasoning adopted by the Hon'ble Supreme Court in Sterling Foods 1999 (4) TMI 1 - SUPREME COURT , income of the assessee from duty drawback cannot be held to be income derived from specified business. We are of the view that the matter being covered by the judgment of Hon'ble Supreme Court in Sterling Foods (supra), no substantial question of law arises in the appeal. Thus, the appeal is dismissed.

Summary

Issues:
- Interpretation of Section 80-IB for deduction on duty drawback
- Whether duty drawback income is "derived from" the specified business
- Comparison with relevant case laws and judgments
- Impact of the 2005 amendment to Section 80HHC on the case

Analysis:

The appeal involved a dispute regarding the deduction claimed under Section 80-IB of the Income Tax Act, 1961, concerning duty drawback income. The primary issue was whether the duty drawback income could be considered as "derived from" the business of the assessee, as required by Section 80-IB. The assessee claimed the deduction based on the direct nexus between duty drawback and production cost, arguing that it was part of the income derived from the industrial undertaking.

Initially, the CIT(A) allowed the claim, emphasizing the integral link between duty drawback and the industrial activity. However, on further appeal by the Revenue, the AO's view was upheld based on the judgment of the Delhi High Court, which aligned with the Supreme Court's decision in a similar case. The Revenue contended that the nature of income from duty drawback did not meet the criteria of being "derived from" the specified business, as established in relevant precedents.

The court considered the arguments presented by both parties and analyzed the language of Section 80IB(1) in conjunction with relevant case laws. Referring to the Supreme Court's decision in Sterling Foods, the court emphasized the requirement of a direct nexus between profits and the industrial undertaking to qualify as income "derived from" the business. In line with this interpretation, the court concluded that the duty drawback income did not meet the criteria for deduction under Section 80-IB.

Furthermore, the appellant highlighted a 2005 amendment to Section 80HHC, which was deemed irrelevant to the case as it did not impact the interpretation of Section 80-IB. Consequently, the court dismissed the appeal, stating that the matter was settled by the precedent set by the Supreme Court in Sterling Foods, and no substantial question of law arose in this instance.