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Issues: Interpretation of item No. 7 of the Fifth Schedule of the Income-tax Act for tax benefits eligibility.
In this judgment, the High Court addressed six references related to assessment years 1966-67 to 1971-72, focusing on the interpretation of item No. 7 of the Fifth Schedule of the Income-tax Act. The primary questions revolved around whether the assessee company, engaged in manufacturing insulated copper wires, was entitled to tax benefits under sections 33(1)(iii)(c)(a), 80E, 33(1)(b)(B)(i), and 80-I of the Income-tax Act. The company claimed priority industry status based on the nature of its products and the interpretation of relevant provisions. The Tribunal had previously upheld the company's claim, citing reasons such as the versatile utility of the cables manufactured and the binding nature of earlier decisions. However, the High Court disagreed with the Tribunal's view, emphasizing that item No. 7 primarily covers equipment for electricity generation and transmission. The Court clarified that for an industry to be considered a priority industry, the cables manufactured must be specifically intended for electricity generation and transmission, which was not the case for the assessee's copper and aluminium wires. The Court rejected the argument that all cables automatically qualify as equipment under item No. 7, emphasizing that the cables must be intended for electricity generation and transmission to confer priority industry status. Furthermore, the Court highlighted that the earlier decision's binding nature was not applicable in this case as fresh facts had emerged. The Income Tax Officer (ITO) had conducted a thorough inquiry and determined that the assessee's copper wires were not meant for electricity transmission but for manufacturing gadgets, contradicting the Tribunal's findings based on the record. Consequently, the Court ruled in favor of the Revenue, concluding that the assessee was not eligible for the tax benefits claimed. The judgment, delivered by Judge S. P. Goyal, with agreement from Judge Prem Chand Jain, clarified the interpretation of item No. 7 and emphasized the importance of the specific purpose of manufactured cables in determining priority industry status under the Income-tax Act.
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