2008 (8) TMI 339 - HC - Income Tax

Industrial under taking exemption under section 80IB duty drawback - While completing the assessment the Assessing Officer disallowed the claim of deduction under section 80-IB on export incentives in a sum of Rs. 1, 45, 85, 838 on the premise that the claim of the appellant that the duty draw back benefit was derived from the industrial undertaking held that - Having regard to the language of section 80-I in the face of the decisions of the apex court which were consistently followed by this court we do not find any wound to admit the appeal on the first ground viz. entitlement of the appellant to deduction under section 80-I in respect of duty drawback benefit denied.

Summary

Issues:
- Appeal against the order of the Income-tax Appellate Tribunal, Madras "C" Bench for assessment years 2002-03 and 2003-04.
- Disallowance of claim of deduction under section 80-IB on export incentives.
- Common question of law: Entitlement to deduction under section 80-IB in respect of duty drawback.

Analysis:
1. The appeals were filed by the assessee against the order of the Income-tax Appellate Tribunal, Madras "C" Bench for the assessment years 2002-03 and 2003-04. The Assessing Officer disallowed the claim of deduction under section 80-IB on export incentives, specifically duty drawback benefits, stating that the benefits were not derived from the industrial undertaking. This decision was upheld by the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal.

2. The central issue in these appeals was the entitlement to deduction under section 80-IB in respect of duty drawback benefits. The appellant argued that duty drawback benefits were derived from the industrial undertaking, citing a Gujarat High Court decision. The appellant contended that duty drawback benefits were specifically provided to reduce the cost of manufacturing goods for export, thus qualifying for deduction under section 80-IB.

3. The court referred to previous judgments, including one related to the inclusion of duty drawback for deduction under section 80HH. The court emphasized that profits eligible for deduction under section 80HH must be directly derived from the industrial undertaking itself. Mere commercial connection between income and the industrial undertaking was deemed insufficient. The court highlighted that profits and gains must have an immediate and effective source from the industrial undertaking to qualify for deduction.

4. Relying on the principles established in previous decisions, the court dismissed the appeals. The court concluded that duty drawback benefits must have a direct or immediate nexus with the industrial undertaking to be eligible for deduction under section 80-IB. The court's decision was in line with the consistent interpretation of the law, affirming that benefits must flow directly from the industrial undertaking to qualify for special deductions under relevant sections.

5. Ultimately, the court upheld the disallowance of the claim for deduction under section 80-IB on duty drawback benefits, in accordance with established legal principles and previous judgments. The appeals were dismissed, and the connected miscellaneous petition was also dismissed.