2007 (2) TMI 121 - HC - Income Tax

Export - Revenue contended that unabsorbed depreciation unabsorbed business loss and unabsorbed investment allowance of the earlier year deducted before granting deduction u/s 80HHC - Held that revenue contention was correct and allowed

Summary

Issues Involved:
1. Whether the unabsorbed depreciation, unabsorbed business loss, and unabsorbed investment allowance of earlier years can be deducted before granting deduction under section 80HHC.
2. Whether the provisions of section 80AB can be applied while determining the business profits under section 80HHC.

Detailed Analysis:

Issue 1: Deduction of Unabsorbed Depreciation, Business Loss, and Investment Allowance Before Section 80HHC Deduction

The core issue revolves around whether the unabsorbed depreciation, unabsorbed business loss, and unabsorbed investment allowance from earlier years should be deducted before computing the deduction under section 80HHC. The assessee computed the deduction under section 80HHC before setting off these unabsorbed amounts, while the assessing officer did the opposite. The Commissioner of Income-tax (Appeals) upheld the assessing officer's computation. However, the Income-tax Appellate Tribunal ruled in favor of the assessee, stating that these unabsorbed amounts should not be deducted before granting the deduction under section 80HHC.

The court referred to the case of IPCA Laboratory Ltd. v. Deputy Commissioner of Income-tax, 266 ITR (SC) 521, to emphasize that section 80HHC is not a self-contained provision and should be read in conjunction with section 80AB, which provides an overriding effect over all other sections in Chapter VI-A. The court concluded that both profits and losses from exports of self-manufactured goods and trading goods must be considered. If the net figure is a positive profit, the deduction under section 80HHC is permissible; if it is a loss, no deduction is allowed.

Issue 2: Application of Section 80AB in Determining Business Profits Under Section 80HHC

The second issue concerns whether section 80AB, which dictates that deductions should be made with reference to the income included in the gross total income, applies to section 80HHC. The Revenue argued that section 80AB should be applied, while the assessee contended that section 80HHC is self-contained and should be computed independently of section 80AB.

The court clarified that section 80AB starts with "notwithstanding anything contained in that section," giving it an overriding effect over other sections in Chapter VI-A, including section 80HHC. Therefore, section 80HHC must be governed by section 80AB. This means that the computation of business profits for the purpose of section 80HHC must consider the provisions of section 80AB, which mandates the inclusion of unabsorbed depreciation, business loss, and investment allowance in the computation.

Conclusion

The court held that the unabsorbed business losses, unabsorbed depreciation, and unabsorbed investment allowance should indeed be taken into account while computing income for the purpose of deduction under section 80HHC. The Appellate Tribunal's decision to exclude these unabsorbed amounts before granting the deduction was incorrect. Consequently, the court answered both questions in the negative, against the assessee and in favor of the Revenue, thereby allowing the appeal.