1983 (8) TMI 19 - HC - Income Tax

Summary

Issues involved:
The issues involved in this case are:
1. Whether deduction under Chapter VI-A should be given before setting off of past losses, unabsorbed depreciation, and development rebate.
2. Whether the assessee was entitled to relief under sections 80L, 80M, and 80Q for the assessment year 1970-71.

Issue 1: Deduction under Chapter VI-A:
The Revenue contended that deductions under Chapter VI-A should be made after computation of gross total income as per the provisions of the Act, by setting off business loss, unabsorbed depreciation, and development rebate. The Tribunal, however, held that the deductions should be allowed before setting off unabsorbed depreciation and carried forward development rebate, subject to the limitation provided in section 80A(2). The Court emphasized that the total income must be computed before allowing deductions under Chapter VI-A, as per the definition of "gross total income" in section 80B(5). Since the gross total income was nil after setting off unabsorbed depreciation, no deduction under Chapter VI-A could be permitted, in line with the limitation in section 80A(2).

Issue 2: Relief under sections 80L, 80M, and 80Q:
The assessee claimed deductions under sections 80L, 80M, and 80Q for specific amounts. The Revenue argued that as the gross total income was nil, the question of allowing deductions under Chapter VI-A did not arise. The Court referred to previous judgments to support the Revenue's position, emphasizing the importance of computing total income before allowing deductions. The Court ruled in favor of the Revenue, citing decisions such as Cambay Electric Supply Industrial Co. Ltd. v. CIT [1978] and CIT v. Venkatachalam [1979], which highlighted the significance of computing total income as per the Act's provisions before granting deductions under Chapter VI-A.

In conclusion, the Court answered the questions in the negative and in favor of the Revenue, based on the interpretation of relevant provisions and previous judicial decisions. The Revenue was awarded costs from the assessee, including counsel's fee of Rs. 500.