2010 (1) TMI 836 - AT - Income Tax

Deduction u/s 80IA - notional carry forward of unabsorbed depreciation - Held that - taxable income of eligible business of the industrial undertaking is to be ascertained as if such undertaking were an independent unit owned by the assessee and the assessee had no other source of income. It is only consequential that the unabsorbed losses, unabsorbed depreciation, etc., relating to eligible business are to be taken into account in determining the quantum of deduction under section 80-IA, even though these may have actually been set off against the profits of the assessee from other sources. Assessing Officer had rightly denied the deduction under section 80-IA in respect of these units there being a loss in respect of the said unit as computed within the meaning of section 80-IA(7). Decision in favour of the Revenue and against the assessee. Goldmine Shares and Finance P. Ltd.(2008 - TMI - 71932 - ITAT AHMEDABAD ) deduction u/s 80IA - windmills installed by the assessee for captive consumption constitute separate business undertaking - generation of electricity has been undertaken by the assessee by setting up a fully independent and identifiable industrial undertaking. - following the decision in the case of DCM Sriram Consolidated Limited (2008 -TMI - 31714 - DELHI HIGH COURT) decided against the Revenue and in favour of the Assessee. Expenditure claimed by the assessee on replacement of machinery as revenue expenditure u/s 37 of the Income Tax Act - decision in favour of the Revenue and against the assessee. Sri Mangayarkarasi Mills Private Limited (2009 - TMI - 34189 - SUPREME COURT )

Issues Involved:
1. Notional carry forward of unabsorbed depreciation for deduction under section 80IA.
2. Eligibility of windmills installed for captive consumption as separate business undertakings under section 80IA.
3. Classification of expenditure on replacement of machinery as revenue expenditure under section 37 of the Income Tax Act.

Detailed Analysis:

Issue No. 1: Notional Carry Forward of Unabsorbed Depreciation
3.1 The core issue is whether the unabsorbed depreciation from prior years, which had already been absorbed against other business income, can be notionally carried forward for the computation of deduction under section 80IA. The Assessing Officer disallowed the deduction by following the decision of the Ahmedabad Special Bench in ACIT vs. Goldmine Shares and Finance P. Ltd., which held that such depreciation must be carried forward and set off against the profits of the eligible business.

3.2 On appeal, the Commissioner of Income Tax (Appeals) sided with the assessee, referencing the Tribunal's decision in Mohan Breweries and Distilleries Ltd. vs. ACIT.

3.3 The Departmental Representative argued that section 80IA(5) creates a legal fiction treating the eligible business as the only source of income, necessitating the setting off of unabsorbed depreciation against the eligible business's income, even if it had been set off against other income in previous years.

3.4 The assessee's representative countered, citing a Tribunal decision in ACIT vs. M/s Sri Velayuthasamy Spinning Mills Private Ltd., which supported the assessee's stance.

3.5 The Tribunal acknowledged conflicting decisions by different Benches but emphasized the precedence of the Special Bench's decision in ACIT vs. Goldmine Shares and Finance P. Ltd., which mandated the notional carry forward of unabsorbed depreciation.

3.10 Following the principle of consistency and the binding nature of the Special Bench's decision, the Tribunal decided in favor of the Revenue, concluding that the unabsorbed depreciation must be carried forward and set off against the profits of the eligible business for the purpose of deduction under section 80IA.

Issue No. 2: Windmills as Separate Business Undertakings
4.1 The question was whether windmills installed for captive consumption qualify as separate business undertakings eligible for deduction under section 80IA. The Departmental Representative referenced the Tribunal's decision in M/s Chettinad Cement Corporation Ltd. vs. ACIT, which denied such eligibility.

4.2 The assessee's representative cited the Tribunal's decision in ACIT vs. M/s Sri Velayuthasamy Spinning Mills Private Ltd. and the Delhi High Court's decision in CIT vs. M/s DCM Sriram Consolidated Ltd., both supporting the assessee's position.

4.3 The Tribunal noted that the Assessing Officer did not dispute the eligibility of the windmills but only the computation method. It referenced prior decisions, including the Tribunal's ruling in M/s Chemplast Sanmar Limited vs. ACIT, which upheld the eligibility of windmills for deduction under section 80IA even if the generated electricity was used in-house.

4.4 Respecting the principle of consistency and previous decisions, the Tribunal ruled in favor of the assessee, recognizing windmills as separate business undertakings eligible for deduction under section 80IA.

Issue No. 3: Expenditure on Replacement of Machinery
5.1 This issue was specific to I.T.A. No.1125/Mds/2009, questioning whether the expenditure on replacing machinery should be classified as revenue expenditure under section 37. The Tribunal referred to the Supreme Court's recent judgment in CIT vs. Sri Mangayarkarasi Mills Private Limited, which provided clarity on this matter.

5.2 Following the Supreme Court's decision, the Tribunal ruled in favor of the Revenue, determining that the expenditure should not be classified as revenue expenditure under section 37.

Conclusion:
The appeals by the Revenue were partly allowed, with the Tribunal ruling in favor of the Revenue on the issues of notional carry forward of unabsorbed depreciation and the classification of machinery replacement expenditure, while siding with the assessee on the eligibility of windmills as separate business undertakings under section 80IA.

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