2010 (7) TMI 730 - HC - Income Tax

Deduction under section 80-I of the Act - cost of the raw material and consumable stores purchased by SMS-I was transferred and debited to the profits and loss account of various units - units had realised the maximum realisable price from the head office - Held that - section 80-I(8) are not applicable in the instant case and hence the proviso to section 80-I(8) can also not be invoked, entire exercise of re-allocation of various expenses on the facts and in the circumstances of the case was unwarranted, question answered against the Revenue.

Summary

Issues involved:
Interpretation of section 80-I(8) of the Income-tax Act, 1961 for the assessment year 1989-90.

Analysis:

1. Issue: Interpretation of section 80-I(8) of the Income-tax Act
The case involved a public limited company engaged in the manufacture and sale of iron and steel products claiming a deduction under section 80-I of the Income-tax Act. The Assessing Officer applied section 80-I(8) of the Act, adjusting the profit by considering the average price of goods transferred between different units, resulting in a higher taxable income. However, the Commissioner of Income-tax (Appeals) and the Tribunal held that the provisions of section 80-I(8) were not applicable as the sale price declared by the assessee was in line with the market value. The Tribunal emphasized that the Assessing Officer failed to prove that the goods were transferred at less than market price, and hence, section 80-I(8) could not be invoked. The Tribunal's decision was based on factual findings, and it was noted that the Commissioner's implied finding on the inapplicability of section 80-I(8) was unchallenged by the Revenue.

2. Conclusion
The High Court, after considering the Tribunal's reasoning and the factual findings regarding the market price of goods transferred between units, upheld the decision that section 80-I(8) was not applicable in this case. Since the transfer was at the market price, the provisions of section 80-I(8) could not be invoked. The Court, therefore, ruled in favor of the assessee, ordering the question to be answered against the Revenue. This case highlights the importance of factual evidence and market value considerations in determining the applicability of tax deductions under the Income-tax Act.