2006 (11) TMI 197 - HC - Income Tax

Whether Tribunal was right in law in allowing investment allowance on the cost of machinery installed/purchased for the manufacture of soap which as per item No. 4 of the Eleventh Schedule r.w.s. 32A is specifically prohibited for the same impugned washing soap is different from soap used by human being for person hygiene therefore investment allowance cannot be denied on machinery used in mfg. of washing soap in respect of computation of special deduction u/s 80HH, deduction is to be computed after deduction u/s 32A/32AB

Summary

Issues:
1. Allowance of investment deduction on machinery for soap manufacture.
2. Sequence of deduction under sections 80HH, 32A, and 32AB.

Issue 1: Allowance of Investment Deduction on Machinery for Soap Manufacture

The case involved the interpretation of the Eleventh Schedule of the Income-tax Act, specifically regarding the allowance of investment deduction on machinery used for soap manufacture. The Tribunal initially disallowed the deduction citing soap as a prohibited item under entry No. 4 of the Schedule. However, the Commissioner of Income-tax (Appeals) overturned this decision, stating that the prohibition applied to soap for personal use, not washing soap. The Tribunal upheld this view, emphasizing that items like washing soap fell under different categories in the Schedule. The High Court concurred, applying the principle of noscitur a sociis to interpret the entries. It ruled in favor of the assessee, allowing the investment deduction for machinery used in washing soap production.

Issue 2: Sequence of Deduction under Sections 80HH, 32A, and 32AB

The second issue revolved around the order in which deductions under sections 80HH and 32A/32AB should be allowed. The Assessing Officer initially rejected the assessee's claim to compute the deduction under section 80HH before that under section 32A/32AB. However, the Commissioner of Income-tax (Appeals) supported the assessee's stance, citing precedents from the Orissa and Karnataka High Courts. The Tribunal also sided with the assessee, considering the more favorable interpretation for the taxpayer. Nevertheless, the High Court disagreed, referencing the Supreme Court's ruling on the net income basis for deductions under section 80HH. It held that the deduction under section 32A/32AB should precede that under section 80HH, in line with the explicit provisions of the Income-tax Act.

In conclusion, the High Court resolved both issues by allowing the investment deduction for machinery used in washing soap production and determining the sequence of deductions under sections 80HH and 32A/32AB. The judgment clarified the interpretation of the Eleventh Schedule and emphasized adherence to the explicit provisions of the Income-tax Act in determining the order of deductions.