2007 (6) TMI 484 - HC - Income Tax

Deduction u/s 80IA of the Income Tax Act inclusion of duty draw back Held that - Scheme of duty drawback is framed and embodied in the statutory provisions in order to relieve the goods to be exported of the burden of customs duties and excise duties - As customs duties and excise duties are admittedly an integral part of the cost of production, and therefore, any receipts by way of reimbursement of such duties is inextricably linked with the cost of production which has to be reflected in P & L A/c of the assessee - Duty drawback is derived from the industrial undertaking and, therefore, eligible for relief - in favour of the assessee Decision in the matter of CIT v. India Gelatin & Chemicals Ltd. 2004 (4) TMI 20 - GUJARAT HIGH COURT followed.

Summary

Issues:
- Interpretation of deduction u/s 80IA of the Income Tax Act, 1961 concerning duty drawback inclusion in the cost of production.

Analysis:
The High Court addressed the issue of whether the Income Tax Appellate Tribunal was correct in allowing the deduction u/s 80IA by including the amount of duty drawback in the cost of production. The Tribunal relied on a decision of the Hon'ble Gujarat High Court in the case of CIT v. India Gelatin & Chemicals Ltd., where it was held that duty drawback, being an integral part of the pricing of goods and part of the cost of production of the industrial undertaking, is eligible for deduction u/s 80J. The Court emphasized that duty drawback is intended to reduce the cost of production by reimbursing exporters for tariffs paid on imported raw materials and excise duties on domestically produced inputs. The duty drawback scheme aims to neutralize the impact of customs and excise duties on production costs, making it an essential component of the cost of manufacturing goods. The Court clarified that duty drawback is derived from the industrial undertaking and should be reflected in the Profit & Loss Account of the assessee. The Court distinguished duty drawback from general incentives like CCS and import entitlements, highlighting that duty drawback specifically targets reducing production costs by reimbursing customs and excise duties paid by the assessee.

Furthermore, the Court reiterated that the fundamental principle established is whether duty drawback is an integral part of the pricing of goods and the cost of production of the industrial undertaking. While the case law referred to Section 80J, the Court affirmed that the principle remains the same regarding the treatment of duty drawback as part of production costs. Based on the settled legal position and the decision of the Hon'ble Jurisdictional High Court, the High Court found no reason to interfere with the order of the CIT(A) allowing the assessee's claim on duty drawback. Consequently, the High Court dismissed the appeal, upholding the Tribunal's decision to permit the deduction u/s 80IA by including duty drawback in the cost of production.