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2018 (10) TMI 1001 - HC - Income TaxClaim of deduction @100% u/s 80IC - initial assessment year - fresh claim on undertaking substantial expansion from the year of completion of substantial expansion - Held that - The Apex Court in Commissioner of Income Tax vs. M/s Classic Binding Industries 2018 (8) TMI 1209 - SUPREME COURT OF INDIA dealing with the issue whether the assessee who had availed deductions at the rate of 100% for first five years on the ground that they had set up a manufacturing unit as prescribed under sub section (2) of Section 80IC of the Act can start claiming deduction at the rate of 100% again for the next five years as they had undertaken substantial expansion during the period mentioned in sub section (2) thereof. The answer was given in the negative. The matter is no longer res integra. - decided in favour of revenue.
Issues Involved:
1. Eligibility for 100% deduction under Section 80IC for units set up after 7.1.2003 upon substantial expansion. 2. Entitlement to enlarged deduction under Section 80IC for units set up after 7.1.2003 upon substantial expansion within the specified period. 3. Refusal of substantial expansion benefit under Section 80IC for units established after 7.1.2003. 4. Tribunal's non-compliance with coordinate benches’ decisions without referring to a larger bench. 5. Definition of "initial assessment year" under Section 80IC. 6. Perceived incorrect application of the law by the Tribunal. Detailed Analysis: 1. Eligibility for 100% Deduction: The appellant-assessee argued that the benefit of 100% deduction under Section 80IC should be available to units set up after 7.1.2003 upon substantial expansion. The Tribunal, however, held that such units are not eligible for 100% deduction from the year of substantial expansion. The Tribunal's decision was based on the interpretation that the initial assessment year cannot be re-fixed for such units. 2. Entitlement to Enlarged Deduction: The Tribunal ruled that units set up after 7.1.2003 would not be entitled to an enlarged deduction under Section 80IC at 100% of profit, even if they undertook substantial expansion within the specified period. This decision was contested by the appellant-assessee, but the Tribunal maintained its stance, restricting the deduction to 25%. 3. Refusal of Substantial Expansion Benefit: The Tribunal disallowed the benefit of substantial expansion under Section 80IC to units established after 7.1.2003, stating that the initial assessment year cannot be re-fixed for such units. This was a key point of contention, as the appellant-assessee believed the substantial expansion should qualify them for 100% deduction. 4. Tribunal's Non-compliance with Coordinate Benches: The appellant-assessee contended that the Tribunal erred in not following the decisions of coordinate benches without referring the matter to a larger bench. The Tribunal, however, adjudicated the issue against the assessee based on its decision in the case of M/s. Hycron Electronics. 5. Definition of "Initial Assessment Year": The Tribunal held that the definition of "initial assessment year" does not allow the undertaking to claim a 100% deduction upon their substantial expansion. This interpretation was pivotal in the Tribunal's decision to restrict the deduction to 25% after the initial five years. 6. Incorrect Application of Law: The appellant-assessee argued that the Tribunal's orders were perverse and based on an incorrect application of the provisions of law. However, the Tribunal's decision was upheld, relying on its interpretation of Section 80IC and the relevant statutory provisions. Supreme Court's Decision: The Supreme Court in Commissioner of Income Tax vs. M/s Classic Binding Industries clarified that once the initial assessment year commences and an assessee starts enjoying the deduction under Section 80IC, there cannot be another "initial assessment year" for the purposes of Section 80IC within the aforesaid period of 10 years. This decision was distinguished from the earlier judgment in Mahabir Industries, which dealt with deductions under different provisions (Sections 80-IA and 80-IB) before Section 80IC was enacted. Conclusion: The substantial questions of law were answered against the assessee and in favor of the revenue. The appeals were dismissed, affirming the Tribunal's interpretation that units set up after 7.1.2003 and undertaking substantial expansion are not entitled to a 100% deduction under Section 80IC beyond the initial five years.
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