2012 (1) TMI 306 - AT - Income Tax

Summary

Issues Involved:

1. Entitlement to Deduction u/s 10B of the IT Act, 1961.
2. Allegation of Reconstruction or Splitting Up of Existing Business.

Summary:

Entitlement to Deduction u/s 10B of the IT Act, 1961:
The core issue was whether the assessee company, engaged in the manufacture and export of silk fabrics and yarns, was entitled to deduction u/s 10B for its Filati unit. The Assessing Officer (AO) disallowed the deduction, arguing that the Filati unit was not a separate entity but a reconstruction of the existing Seide unit, aimed at tax benefits. The Commissioner of Income-tax (Appeals) (CIT(A)) overturned this decision, stating that the Filati unit was a new and distinct industrial undertaking, not formed by splitting up or reconstructing the old unit. The CIT(A) emphasized that the issue of reconstruction should have been considered in the year of establishment, not in subsequent years.

Allegation of Reconstruction or Splitting Up of Existing Business:
The AO argued that the Filati unit was formed by transferring assets from the Seide unit and was thus a reconstruction of the existing business. The CIT(A) disagreed, citing that the Filati unit was established with substantial fresh capital and new machinery, and had obtained necessary approvals. The CIT(A) relied on judicial precedents, including the Supreme Court's ruling in Textile Machinery Corporation Limited v. CIT, which held that a new industrial undertaking must have a separate physical existence and identity as a viable unit. The CIT(A) concluded that the Filati unit was an expansion, not a reconstruction, and the AO's disallowance of the deduction u/s 10B was unjustified.

Judicial Precedents and Legal Interpretations:
The CIT(A) and the ITAT referenced several judicial rulings to support their conclusions. Notably, the Supreme Court's decision in Textile Machinery Corporation Limited v. CIT was cited to illustrate that a new unit with a separate identity and substantial new investments cannot be considered a reconstruction. Additionally, the Karnataka High Court's ruling in CIT v. Nippon Electronics (India) Pvt. Ltd. was referenced to argue that the eligibility for deduction should be determined in the initial year of formation, not in subsequent years.

Final Decision:
The ITAT upheld the CIT(A)'s decision, agreeing that the Filati unit was a distinct and viable industrial undertaking, not formed by splitting up or reconstructing the existing Seide unit. The ITAT dismissed the Revenue's appeal, affirming that the assessee was entitled to the deduction u/s 10B for the Filati unit.