2011 (9) TMI 170 - AT - Income Tax

Nature of surrendered income - Deduction u/s 80IB - ginning and pressing of cotton - industrial undertaking - Held that - No evidence was either found during survey or explained by the assessee which could establish that the surrendered income was earned from industrial undertaking. There is a uncontroverted finding in the impugned order that no purchase bills, sale bills, ginning charges bills, pressing charges bills were found during survey operation which remained to be recorded in regular course of business of industrial undertaking, therefore, there is no basis for claiming the surrendered income to be generated from/derived from the industrial undertaking. There is further finding that no entry tax, sales-tax, other taxes were found paid by the assessee on such unrecorded transactions, therefore, the onus is clearly on the assessee to substantiate its claim which has not been discharged. - Deduction u/s 80IB not allowed to assessee.

Issues Involved:
1. Deduction under Section 80-IB of the Income Tax Act for Rs. 21,07,643.
2. Eligibility of income derived from industrial undertaking for deduction under Section 80-IB.
3. Deduction under Section 80-IB for excess cash, interest credited, and income from weighbridge.

Issue-wise Detailed Analysis:

1. Deduction under Section 80-IB of the Income Tax Act for Rs. 21,07,643:
The assessee contested the denial of a deduction under Section 80-IB amounting to Rs. 21,07,643, asserting that the income was derived from an industrial undertaking engaged in ginning and pressing of cotton. The Tribunal examined the provisions of Section 80-IB, which allows deductions for profits and gains derived from eligible businesses. The assessee failed to substantiate that the income in question was derived from the industrial undertaking, as required by the statute.

2. Eligibility of income derived from industrial undertaking for deduction under Section 80-IB:
The Tribunal scrutinized the nature of the income, emphasizing that only income directly derived from the industrial undertaking is eligible for deduction under Section 80-IB. The assessee's claim that the income was derived from business activities related to the industrial undertaking was unsupported by evidence. The Tribunal highlighted that the burden of proof lies with the assessee to demonstrate the nexus between the income and the industrial undertaking.

3. Deduction under Section 80-IB for excess cash, interest credited, and income from weighbridge:
The Tribunal addressed the assessee's alternative plea for deductions on specific income components:
- Excess Cash (Rs. 8,98,524): The assessee did not provide satisfactory evidence that the excess cash was generated from the industrial undertaking.
- Interest Credited (Rs. 7,33,623): Interest income was deemed not to be derived from the industrial undertaking, as it did not originate from the core business activities.
- Income from Weighbridge (Rs. 3,70,710): The Tribunal rejected the claim that weighbridge income was part and parcel of the industrial undertaking, noting that separate charges were levied for weighbridge services, indicating it was not integral to the ginning business.

Judicial Pronouncements:
The Tribunal referred to several judicial decisions to support its conclusions:
- Paras Oil Extraction Ltd.: Income not incidental to the industrial undertaking is not eligible for deduction under Section 80-I.
- Liberty India vs. CIT: Profits from DEPB/duty drawback do not form part of eligible industrial undertaking profits for deductions under Sections 80-I, 80-IA, and 80-IB.
- Pandian Chemicals Ltd. vs. CIT: Interest from deposits with the electricity board was not considered derived from the business of the undertaking.

Conclusion:
The Tribunal concluded that the assessee did not meet the burden of proof to demonstrate that the disputed income was derived from the industrial undertaking. The appeal was dismissed, affirming the CIT(A)'s decision. The Tribunal emphasized the necessity for a direct nexus between the income and the eligible business for deductions under Section 80-IB, and found no infirmity in the CIT(A)'s stand.

← Previous Next →