1986 (5) TMI 26 - HC - Income Tax

Summary

Issues Involved:
1. Interpretation of section 2(45), section 80B(5), and section 80A(2) of the Income-tax Act, 1961.
2. Computation of total income and gross total income for the purpose of deductions under sections 80G and 80M.
3. Set off of brought forward losses and unabsorbed depreciation in the computation of total income.

Issue-wise Detailed Analysis:

1. Interpretation of section 2(45), section 80B(5), and section 80A(2) of the Income-tax Act, 1961:
The court examined whether the Tribunal correctly interpreted these sections in holding that for the purpose of rebates under section 80G and relief under section 80M, the total income and gross total income should be computed without setting off brought forward losses and unabsorbed depreciation of earlier years. The Tribunal had concluded that the set off under section 71 or section 72 was not part of the process of computation of total income and should be done after computing the total income.

2. Computation of total income and gross total income for the purpose of deductions under sections 80G and 80M:
The assessee's claims for deductions under sections 80G and 80M were initially allowed by the Appellate Assistant Commissioner but were contested by the Department. The Department argued that the term "gross total income" meant the total income computed after considering the provisions of sections 71 and 72, but before making any deductions under Chapter VI-A and section 280C. The Tribunal, however, held that deductions under sections 80G and 80M should be allowed before setting off the brought forward losses and unabsorbed depreciation.

3. Set off of brought forward losses and unabsorbed depreciation in the computation of total income:
The Tribunal's decision was challenged based on the interpretation that the set off of losses and unabsorbed depreciation should occur after computing the total income. The court referred to previous judgments and the Supreme Court's decision in the case of Cambay Electric Supply Industrial Co. Ltd. v. CIT, which clarified that the total income must be computed in accordance with the provisions of the Act, including sections 71 and 72. The Supreme Court's decision in Distributors (Baroda) P. Ltd. v. Union of India reaffirmed this interpretation, stating that deductions under section 80M should be calculated with reference to the amount of dividend computed according to the provisions of the Act and forming part of the gross total income.

The court concluded that the Tribunal erred in holding that set offs under sections 71 and 72 were not part of the computation of total income and should be done after computing the total income. The correct approach, as clarified by the Supreme Court, is that the total income must be computed by taking into account the provisions for set offs and carry forwards of losses and depreciation before allowing any deductions under Chapter VI-A.

Conclusion:
The court answered the reference question in the negative and in favor of the Revenue, stating that the Tribunal was incorrect in its interpretation and computation method. The deductions under sections 80G and 80M must be calculated after setting off brought forward losses and unabsorbed depreciation. There was no order as to costs, and both judges concurred with the judgment.