2012 (6) TMI 351 - HC - Income Tax

Denial of deduction under section 80-IA - new unit set up after March 31, 2000 - Revenue contested that activities of the assessee do not amount to manufacturing - Held that - The assessee installed plant and machinery worth Rs. 44.62 lakhs during the course of the assessment year, this was together with and along side the existing plant and machinery in the same unit at the same site and without any change in the administrative or business set up - the assessee had not set up a separate or identifiable new unit satisfying required conditions for the grant of an exemption - in favour of assessee.

Summary

Issues:
- Interpretation of provisions of section 80-IA of the Income-tax Act, 1961 regarding deduction for a new unit at Silvassa.
- Whether the activities of the assessee amount to manufacturing for claiming the deduction.
- Entitlement of the assessee to deduction under section 80-IA for a new unit set up after March 31, 2000.

Analysis:
The case involved an appeal by the Revenue challenging the Income-tax Appellate Tribunal's decision to grant a deduction in respect of a new unit at Silvassa. The main question of law was whether the assessee was entitled to the deduction under section 80-IA despite not fulfilling the conditions for exemption. The Assessing Officer had rejected the claim, stating that the assessee did not meet the necessary requirements. However, the Commissioner (Appeals) found that the assessee had indeed set up a new industrial undertaking by installing plant and machinery and had commenced manufacturing new products. The Tribunal further noted that the new products were of the same nature as the earlier ones manufactured by the assessee.

The crux of the issue was whether the installation of plant and machinery worth Rs. 44.62 lakhs constituted the commencement of a new undertaking. The Revenue argued that it did, while the Tribunal found otherwise. The Tribunal's finding was that the new plant and machinery were installed alongside the existing ones, without any significant changes in the setup. Therefore, the Tribunal concluded that no separate or identifiable new unit had been set up during the assessment year. As a result, the Tribunal's decision was upheld, dismissing the appeal by the Revenue as no substantial question of law arose from the case.

In essence, the judgment clarified that for claiming deductions under section 80-IA, the establishment of a new unit must involve a distinct and separate setup, which was not the case in this scenario. The decision emphasized the importance of meeting the specific criteria outlined in the law for availing tax benefits related to new industrial undertakings.