2011 (7) TMI 52 - HC - Income Tax

Deduction u/s 80HHC(3)(a) - whether the blending of different types of tea comes within the purview of the word processed within the meaning of Section 80HHC (3a) of the Act - Chowgule and Company Pvt. Ltd. and Anr. Vs. Union of India, reported in (1980 -TMI - 43570 - SUPREME COURT OF INDIA) - Held that authorities below including the learned Tribunal committed a substantial error of law in refusing the benefit of subsection (3a) of Section 80HHC of the Act to the appellant notwithstanding the fact that the goods imported by the appellant is processed by it - Decided in favour of the assessee by way of direction to AO to give relief to the appellant in terms sub-section (3a) of Section 80 HHC of the Act for the export of the blended tea by the appellant

Issues Involved:
1. Entitlement to deduction under Section 80HHC(3)(a) of the Income Tax Act, 1961 for profits derived from the export of blended tea.
2. Whether the blending of different types of tea constitutes "processing" within the meaning of Section 80HHC(3)(a) of the Income Tax Act, 1961.

Detailed Analysis:

1. Entitlement to Deduction under Section 80HHC(3)(a):
The appellant, a public limited company engaged in growing and manufacturing tea, claimed the benefit under Section 80HHC(3)(a) of the Income Tax Act, 1961, asserting that blending tea amounts to processing. The Assessing Officer, however, rejected this claim, categorizing the appellant's activity under "trading" as per Section 80HHC(3)(b). The Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal upheld this view, leading to the present appeal.

2. Blending as "Processing":
The core issue was whether blending different types of tea constitutes "processing" under Section 80HHC(3)(a). The appellant argued that blending results in a qualitative change, thus fitting the definition of "processing." The appellant relied on Supreme Court decisions in Commissioner of Income-tax Vs. Tara Agencies and Chowgule and Company Pvt. Ltd. and Anr. Vs. Union of India, which disapproved the Bombay High Court's view in Nilgiri Ceylon Tea Supplying Co. Vs. State of Bombay that blending does not amount to processing.

Legal Provisions and Precedents:
Section 80HHC provides deductions for profits derived from the export of goods or merchandise. Sub-section (3)(a) applies to goods "manufactured or processed" by the assessee, while sub-section (3)(b) pertains to "trading goods." The Supreme Court in Chowgule and Company and Tara Agencies held that blending, which results in a qualitative change, constitutes processing.

Court's Analysis:
The Court found that the Tribunal and lower authorities erred in not recognizing blending as processing. The Supreme Court's observations in Chowgule and Tara Agencies were deemed directly applicable, emphasizing that blending different brands of tea results in a new product with different quality and flavor, thus qualifying as processing.

Conclusion:
The Court concluded that the appellant's activity of blending tea falls within the ambit of "processing" under Section 80HHC(3)(a). Consequently, the authorities below committed a substantial error of law in denying the deduction. The Court set aside the impugned order and directed the Assessing Officer to grant relief to the appellant in terms of Section 80HHC(3)(a) for the export of blended tea.

Judgment:
The question formulated by the Division Bench was answered in the affirmative and against the Revenue. The Court directed the Assessing Officer to provide the appellant the benefits under Section 80HHC(3)(a) for the relevant assessment years. No order as to costs was made.

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