2012 (6) TMI 592 - HC - Income Tax

Applicability of section 80-I(9) - section 80-I(8) could apply only where the goods had been transferred from one unit to other unit at less than the market price Held that - since there was no difference between the transfers from the combing unit to the spinning unit, there was no justification for making any adjustments as made by the Assessing Officer - Tribunal on appreciation of evidence concluded that there was no difference in the rate adopted by the assessee in respect of transfers from the combing unit to the spinning unit and that the provisions of section 80-I(8) and (9) were not attracted in the present case - In favour of the assessee.

Summary

Issues involved:
1. Interpretation of provisions of section 80-I(8) and (9) of the Income-tax Act, 1961.
2. Applicability of adjustments by the Assessing Officer while working out the deduction under section 80-I of the Income-tax Act.

Detailed Analysis:
1. The case involved a reference under section 256(1) of the Income-tax Act, 1961, where the Income-tax Appellate Tribunal referred questions regarding the interpretation of section 80-I(8) and (9) for the assessment year 1990-91. The Tribunal observed that the questions were inter-connected and needed to be addressed together. The assessee, engaged in manufacturing and sale of wool tops and yarn, claimed deduction under section 80-I, which was disputed by the Assessing Officer. The Tribunal noted discrepancies in profit calculations but ultimately found no evidence of profit manipulation to claim higher relief under section 80-I.

2. The Tribunal further examined the applicability of section 80-I(8) and (9) in the case. It was argued that section 80-I(8) applies only when goods are transferred between units at less than market price, which was not the case here. The Tribunal also clarified that section 80-I(9) pertains to transactions with outsiders, not within the same entity. Therefore, the Tribunal held that the Assessing Officer was not justified in making adjustments while computing the deduction under section 80-I. The Tribunal's decision was based on the consistency of accounting methods and insignificant discrepancies in transfer rates between units.

3. Upon review, the High Court upheld the Tribunal's findings, stating that there was no error in the Tribunal's decision favoring the assessee. The Court agreed that the provisions of section 80-I(8) and (9) were not applicable in the case, and there was no evidence of profit manipulation to claim higher deductions. Consequently, the Court ruled against the Revenue and in favor of the assessee on both issues, leading to the disposal of the reference.

In conclusion, the judgment addressed the interpretation of section 80-I(8) and (9) of the Income-tax Act, highlighting the lack of evidence supporting profit manipulation by the assessee and the inapplicability of adjustments by the Assessing Officer in computing deductions under section 80-I. The decision favored the assessee, emphasizing consistent accounting practices and insignificant discrepancies in transfer rates between units.