1990 (8) TMI 22 - HC - Income Tax

Summary

Issues:
- Interpretation of section 80J(3) of the Income-tax Act, 1961 regarding the carry forward of deficiency in case of loss in a new industrial undertaking.

Detailed Analysis:

The judgment by the High Court of Calcutta involved a reference under section 256(1) of the Income-tax Act, 1961, for the assessment year 1976-77. The main question was whether the Appellate Tribunal was correct in disallowing the assessee's claim for carry forward of deficiency under section 80J(3) of the Act when the assessee-company suffered a loss in the new industrial undertaking. The Tribunal held that carry forward of deficiency is not permissible in case of loss in the industrial undertaking, citing that section 80J(3) only provides for two contingencies and not for the third contingency of loss.

However, the High Court disagreed with the Tribunal's reasoning. The Court examined the provisions in the Finance (No. 2) Bill, 1967, which introduced section 80J, and found that there was no intention by the Legislature to disallow carry forward of deficiency in case of loss. Section 80J(3) allows for the deduction of the relevant amount to be carried forward and adjusted against profits and gains of subsequent years for up to seven years, even in cases of shortfall or deficiency.

The Court emphasized that profits and gains also include a negative figure (loss) and that the contingency of a loss in an industrial undertaking is a normal incident of business that cannot be ignored. The Court referred to a previous decision where it was established that the deficiency referred to in section 80J is the amount by which profits and gains fall short of the calculated amount on the capital employed, even in the case of a loss.

Additionally, the Court highlighted a circular issued by the Central Board of Direct Taxes, stating that deficiency is required to be computed even when a new industrial undertaking suffers a loss. Therefore, the Court concluded that an industrial undertaking suffering a loss is entitled to carry forward the deficiency under section 80J(3).

In conclusion, the High Court answered the reference question in the negative and in favor of the assessee, rejecting the Tribunal's view. The judgment was agreed upon by both judges presiding over the case.