2015 (2) TMI 1198 - AT - Income Tax

Eligibility of deduction u/s 80-IB - whether scrap generation was part of manufacturing activities of the industrial undertaking run by the assessee - Held that - For claiming deduction u/s 80-IB direct nexus between the activities of the industrial undertaking and profits/gains is not a pre-condition. Therefore, income generated out of the sale of scrap is part of activities carried out by the -firm and is eligible for deduction u/s 80IB. We find that Hon ble Delhi High Court in the case of Sadhu Forging Ltd.(2011 (6) TMI 9 - DELHI HIGH COURT ) has held as under With the consent of the counsel for the parties, we have heard the matter finally. To answer the questions in both the appeals, we need to consider, firstly, as to whether the scrap, generated at various stages of manufacturing process, was part of manufacturing activity of the industrial unit and thus represented profits and gains derived from the industrial undertaking on this account were entitled to deduction under section 80-IB.- There cannot be any two opinions that manufacturing activity of the type of material being undertaken by the would also generate scrap in the process of manufacturing. The receipts of sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from the industrial undertaking for the purpose of computing deduction under section 80-IB. - Decided in favour of assessee

Summary

Issues:
1. Interpretation of provisions of section 80IB of the Income-tax Act, 1961 regarding the eligibility of income arising from the sale of scrap for deduction.
2. Determination of whether income generated from the sale of scrap is derived from the industrial undertaking as contemplated under section 80IB.
3. The validity of including income from scrap sales for deduction under section 80IB.

Analysis:
1. The Assessing Officer (AO) challenged the orders of the CIT(A) regarding the inclusion of income from the sale of scrap for deduction under section 80IB. The AO argued that the income from scrap sales did not qualify as derived from the industrial undertaking as required by section 80IB. The AO referenced various cases to support the disqualification of scrap sales income for the deduction.

2. In response, the appellant firm contended that scrap generated during the manufacturing process should be considered part of the industrial activities. The First Appellate Authority (FAA) agreed with the appellant, stating that income from scrap sales was a result of the manufacturing process and should be eligible for deduction under section 80IB. The FAA referred to relevant judgments to support this interpretation.

3. During the appeal before the Appellate Tribunal, the Departmental Representative (DR) supported the AO's order, while the Authorized Representative (AR) argued that income from scrap sales was directly linked to the manufacturing activities and should be eligible for deduction under section 80IB. The Tribunal agreed with the AR's argument, emphasizing that a direct nexus between industrial activities and profits was not a prerequisite for claiming the deduction. The Tribunal cited the judgment of the Hon'ble Delhi High Court to support its decision.

4. The Tribunal upheld the FAA's order, stating that scrap generation was an integral part of the manufacturing activities of the industrial undertaking. The Tribunal dismissed the AO's appeal for both assessment years, affirming the eligibility of income from scrap sales for deduction under section 80IB. The Tribunal's decision was based on the interpretation of the provisions of section 80IB and relevant judicial precedents.

Overall, the Tribunal's judgment clarified that income from the sale of scrap, generated during the manufacturing process, should be considered part of the industrial activities and is eligible for deduction under section 80IB, even if there is no direct nexus between the activities and profits. The judgment provided a comprehensive analysis of the legal provisions and relevant case law to support its decision.