2010 (11) TMI 108 - AT - Income Tax

Industrial undertaking - Commissioner invoked the provisions of section 263(1) of the Act, in order to deny the deduction u/s 80-IA of the Act Commissioner held that income earned by way of sales tax incentives availed by the assessee not entitled for deduction u/s 80-IA of the Act - u/s 80-IA of the Act, only the income derived from the eligible industrial undertaking is entitled for deduction - assessment order does not bring out any pertinent facts, which show that such income can be said to have been derived from the eligible industrial undertaking - Assessing Officer allowed the claim of the assessee without proper enquiry and the said aspect has also not been disputed by the assessee - Commissioner invoked the provisions of section 263 of the Act, upheld - however, his direction to disallow the claim modified - Assessing Officer is directed to examine the assessee s claim on the basis of the scheme under which the assessee has availed the sales tax benefits after allowing the assessee a reasonable opportunity of being heard on this aspect and thereafter decide the matter afresh in accordance with law Appeal allowed partly

Summary

Issues Involved:
1. Invocation of section 263 of the Income-tax Act, 1961 regarding deduction u/s 80-IA and sales tax incentives.
2. Computation of deduction u/s 80-IA based on unabsorbed depreciation and sales tax benefits.

Analysis:

Issue 1: Invocation of section 263 for deduction u/s 80-IA and sales tax incentives:
The appeal concerned orders of the Commissioner of Income-tax invoking section 263 of the Income-tax Act, 1961 regarding the denial of deduction u/s 80-IA and sales tax incentives for assessment years 2004-05 and 2005-06. The Commissioner found errors in the computation of deduction u/s 80-IA by the Assessing Officer, specifically related to the unabsorbed depreciation and sales tax benefits. The Commissioner directed the Assessing Officer to recompute the deduction u/s 80-IA and modify the assessment orders. The assessee contested these findings, arguing that the unabsorbed depreciation had already been set off in earlier years and that sales tax benefits were part of the profits from the eligible business. The Tribunal upheld the Commissioner's action, finding that the assessment was indeed erroneous and prejudicial to the Revenue's interests. The Tribunal emphasized the need for proper examination of the applicability of section 80-IA(5) and the derivation of income for claiming deductions under section 80-IA.

Issue 2: Computation of deduction u/s 80-IA based on unabsorbed depreciation and sales tax benefits:
Regarding the computation of deduction u/s 80-IA, the Tribunal considered the applicability of section 80-IA(5) and the requirement that income must be "derived from" the eligible industrial undertaking to qualify for deductions. The Tribunal noted that the Assessing Officer did not conduct a thorough enquiry into these aspects, leading to errors in allowing the deductions. While upholding the Commissioner's invocation of section 263, the Tribunal modified the directions to the Assessing Officer. The Tribunal directed a re-examination of the assessee's claims based on the scheme under which sales tax benefits were availed, ensuring a reasonable opportunity for the assessee to present their case. The Tribunal emphasized the importance of proper enquiry and compliance with legal provisions in determining deductions under section 80-IA.

In conclusion, the Tribunal partly allowed the assessee's appeal, upholding the invocation of section 263 by the Commissioner and directing the Assessing Officer to reframe the assessment on the identified aspects in accordance with the law. The Tribunal's decision in one appeal applied mutatis-mutandis to the other appeal due to identical facts and circumstances.