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2010 (10) TMI 890 - HC - Income TaxWhether deduction under Section 35(l)(iv) read with Section 35(2) has to be allowed first and the other deductions falling under Chapter VI-A namely, Section 80HH and Section 80-I should be granted thereafter with reference to net income so obtained after first granting deduction under Section 35(1)(iv) read with Section 35(2) of the Act - assessee is entitled to get deduction under Section 80HH and 80-I before providing for deduction under Section 35(2), which was accepted by the Tribunal - Held that - Tribunal went wrong in allowing deduction under section 80HH and Section 80-I from the gross total income before granting deduction under section 35(2) of the Act, deduction under Section 35(2) has to be first allowed in the computation of business income as a whole and thereafter deduction under Section 80HH and Section 80-I have to be granted only from the net income attributable to the eligible industrial unit, appeals allowed by reversing the orders of the Tribunal and that of the first appellate authority and direct the Assessing Officer to revise the assessment as stated above.
Issues:
Interpretation of deductions under Section 35(1)(iv), Section 35(2), Section 80HH, and Section 80-I of the Income Tax Act in relation to the sequence of granting deductions and computation of total income. Analysis: 1. Interpretation of Deductions Under Various Sections: The case involved a dispute regarding the sequence of granting deductions under Section 35(1)(iv), Section 35(2), Section 80HH, and Section 80-I of the Income Tax Act. The assessee contended that deductions under Section 80HH and Section 80-I should be allowed before providing for deduction under Section 35(2). The Assessing Officer followed the sequence of deductions provided in the statute by granting deduction under Section 35(2) first and then deductions under Section 80HH and Section 80-I. The Tribunal accepted the assessee's argument, leading to the Revenue filing appeals against this decision. 2. Judicial Precedents and Legal Arguments: The Revenue relied on a Supreme Court decision in Synco Industries Ltd. v. Assessing Officer Income Tax to support their position. The assessee, on the other hand, cited the decision of the Supreme Court in CIT v. Canara Workshops (P.) Ltd. and a judgment of the Calcutta High Court in support of their interpretation. The Tribunal's decision was based on the method of calculation of relief under Section 80HH and Section 80-I claimed by the assessee. 3. Interpretation of Gross Total Income and Computation of Total Income: The High Court analyzed the definition of "gross total income" as per Section 80B(5) of the Income Tax Act, emphasizing the need to determine gross total income before granting any deductions under Chapter VI-A, including Sections 80HH and 80-I. The Court highlighted the procedure for computing total income, which involves determining business income, computing gross total income, and then providing deductions under Chapter VI-A, specifically Sections 80HH and 80-I based on the profit attributable to the eligible industrial unit. 4. Court's Decision and Conclusion: After considering the arguments and legal provisions, the High Court held that the Tribunal erred in allowing deductions under Section 80HH and Section 80-I from the gross total income before granting deduction under Section 35(2) of the Act. The Court clarified that deduction under Section 35(2) must be allowed first in the computation of business income, followed by deductions under Section 80HH and Section 80-I from the net income attributable to the eligible industrial unit. As a result, the Court allowed the appeals by reversing the Tribunal's orders and directed the Assessing Officer to revise the assessments accordingly. In conclusion, the High Court's judgment clarified the proper sequence for granting deductions under different sections of the Income Tax Act, emphasizing the importance of computing total income accurately and following the statutory provisions for deduction calculations.
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