2011 (11) TMI 442 - HC - Income Tax

Deduction u/s 80IC Revenue view that scrap sales and stock transfer to sister concern is not an income derived from manufacturing process Held that - Tribunal found that Gurgaon unit of the assessee has no manufacturing activity as such unit does not have any plant and machinery but only facility is of packaging and then transfer of the shaft assembly to Maruti Udyog Limited. It is, thus, concluded that the entire manufacturing process takes place at Parwanoo unit, therefore, deduction claimed is in respect of income derived from manufacturing process. Further, assessee is engaged in the manufacturing of automobile shafts accessories. In such process, scrap is generated. Such scrap has direct link with the manufacturing process, i.e., manufacturing of shafts is bound to be generated. Deduction u/s 80IC is rightly allowed Decided against the Revenue.

Summary

Issues:
1. Deduction under Section 80IC for stock transfer to sister unit at Gurgaon.
2. Deduction under Section 80IC for income from sale of scrap.

Analysis:

Issue 1: Deduction under Section 80IC for stock transfer to sister unit at Gurgaon
The appellant, a manufacturing unit at Parwanoo, claimed deduction under Section 80-IC of the Income Tax Act for stock transfer sales and scrap sales. The Assessing Officer disallowed the deduction, stating that the stock transfer and scrap sales were not income derived from a manufacturing process. The Tribunal found that the Gurgaon unit did not engage in manufacturing activities but only in packaging and transfer of shaft assembly, with the actual manufacturing process occurring at the Parwanoo unit. The Tribunal concluded that the deduction claimed was indeed in respect of income derived from the manufacturing process. This finding was upheld, dismissing the substantial question of law raised by the revenue.

Issue 2: Deduction under Section 80IC for income from sale of scrap
The Tribunal relied on a judgment of the Madras High Court in Fenner (India) Ltd. v. CIT, where it was held that scrap material with a saleable value, generated during manufacturing, is eligible for deduction under Section 80IC. In the present case, the assessee was involved in manufacturing automobile shaft accessories, generating scrap as a byproduct directly linked to the manufacturing process. The judgment in Fenner India's case was deemed applicable, rejecting the revenue's reliance on another judgment. The court found no substantial question of law for consideration, ultimately dismissing the appeal.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the revenue's appeal and affirming the eligibility of the assessee for deductions under Section 80IC for both stock transfer to the sister unit at Gurgaon and income from the sale of scrap.