2015 (6) TMI 1227 - AT - Income Tax

Deduction u/s 80IB in respect of scrap sale - determination of gains derived from the industrial undertaking for the purpose of computing deduction - HELD THAT - The issue is covered in favour of the assessee by the decision in the case of Sadhu Forging Ltd. 2011 (6) TMI 9 - DELHI HIGH COURT wherein held receipts from sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from the industrial undertaking for the purpose of computing deduction under section 80- IB - Thus we direct the AO to compute the deduction u/s 80IB after taking into account the scrap sales. - Decided in favour of the assessee.

Summary

Issues:
1. Interpretation of Sec. 153 A for additions made by AO.
2. Disallowance u/s 80IB in respect of scrap sales for assessment years 2006-07 and 2007-08.

Issue 1:
The appellant challenged the CIT(A)'s order confirming additions made by the AO based on Sec. 153 A, claiming they were not supported by any material found in the search or concealed income. The appellant did not press this ground, and it was dismissed.

Issue 2:
The dispute revolved around the disallowance u/s 80IB for scrap sales in the assessment years 2006-07 and 2007-08. The appellant argued that the scrap sales should be considered profit derived from the industrial undertaking and eligible for deduction u/s 80IB. The appellant relied on a Delhi Tribunal decision and a High Court ruling to support their claim. The CIT (DR) opposed, stating the scrap was not a by-product of the manufacturing process. The CIT(A) distinguished a High Court decision, asserting the cases were not identical. The appellant contended that the scrap was indeed generated in the manufacturing process, citing relevant court decisions in their favor.

Upon review, the Tribunal found that the appellant, engaged in manufacturing DG sets, inevitably produced scrap during the process, making the sale of scrap an integral part of the industrial activity eligible for deduction u/s 80IB. The Tribunal disagreed with the CIT(A)'s distinction of the High Court ruling, emphasizing the relevance of the manufacturing process generating scrap. Relying on the precedent set by the High Court decision, the Tribunal ruled in favor of the appellant, allowing the deduction u/s 80IB for both assessment years. Consequently, the appeals were partly allowed.

This comprehensive analysis of the judgment highlights the key legal issues, arguments presented by both parties, relevant court decisions cited, and the final decision rendered by the Tribunal.