1987 (4) TMI 38 - HC - Income Tax

Summary

Issues:
1. Whether the technical fees received by the assessee from another company constitute profits attributable to its priority industry for deduction under section 80-I of the Income-tax Act.
2. Whether the profit from the sale of assets and miscellaneous receipts should be included in the profits attributable to the priority industry for deduction under section 80-I of the Income-tax Act.

Analysis:
For the assessment year 1969-70, the first issue revolves around the technical fees received by the assessee from another company for providing technical know-how and assistance. The Income-tax Officer initially rejected the claim for deduction, stating that only profits directly related to the manufacture and sale of paper would be eligible. However, the Appellate Assistant Commissioner and the Tribunal ruled in favor of the assessee, considering the technical fees as part of the profits attributable to the priority industry. The court upheld this view, emphasizing that the technical fees derived from the agreement were indeed profits and gains attributable to the priority industry, as they stemmed from the expertise acquired through operating in that industry. This aligns with the precedent set by the Karnataka High Court in a similar case, affirming that such income is attributable to the priority industry.

Moving on to the second issue for the same assessment year, the judgment addresses two components. Firstly, the profit realized from the sale of assets was deemed eligible for inclusion in the profits attributable to the priority industry based on the Supreme Court's decision in Cambay Electric Supply Industrial Co. Ltd. v. CIT. Secondly, the miscellaneous receipts from rent recoveries by the assessee from its staff and workers were also considered part of the business income and, therefore, attributable to the priority industry, making them qualify for deduction under section 80-I of the Income-tax Act.

In conclusion, both issues for the assessment year 1969-70 were decided in favor of the assessee, affirming that the technical fees, profit from asset sale, and miscellaneous receipts were all attributable to the priority industry and thus eligible for deduction under section 80-I. The judgment did not award costs to either party.