2013 (8) TMI 928 - HC - Income Tax

Summary

Issues involved:
The issues involved in this case are:
1. Whether the appellant was entitled to deduction under Section 80IB on the surrendered amount utilized for business without placing any evidence against the assessee on record?
2. Whether the Income Tax Appellate Tribunal was justified in denying the claims of the appellant under Section 80IB by relying on a previous judgment?
3. Whether the findings of ITAT were against the evidence on record and unsustainable in law?
4. Whether the ITAT misdirected itself in deciding the issue for claiming deduction under Section 80IB?

Issue 1:
The assessee, engaged in the manufacture of hand tools, surrendered an amount during a survey operation under Section 133A of the Income Tax Act. The Assessing Officer disallowed the deduction under Section 80IB as the income was not proven to be derived from the industrial undertaking. The CIT(A) partly allowed the appeal, but the Tribunal set aside the order. The appellant argued that the surrendered amount was business income and thus eligible for deduction under Section 80IB.

Issue 2:
The Tribunal held that the surrendered income did not meet the conditions under Section 80IB as it was not derived from the industrial undertaking. The burden of proof was on the assessee, and the Tribunal found no evidence to support the claim for deduction. The Tribunal's decision was based on the requirement that eligible profits should be derived from the industrial undertaking.

Issue 3:
The appellant contended that the income was assessed under the head "business," but the record did not support this claim. The Tribunal concluded that the onus on the assessee was not discharged in proving that the income qualified for deduction under Section 80IB. The Tribunal cited previous judgments to support its decision.

Issue 4:
The Tribunal emphasized that the income surrendered during the survey was not automatically eligible for deduction under Section 80IB. The Tribunal found no nexus between the surrendered income and the industrial undertaking, as required by law. The Tribunal's decision was in line with previous rulings and the specific facts of the case.

In conclusion, the High Court dismissed the appeal, ruling against the assessee and in favor of the revenue based on the lack of evidence supporting the claim for deduction under Section 80IB.