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2018 (10) TMI 1129 - HC - Income TaxClaim of deduction @100% u/s 80IC - initial assessment year - restriction on more than one initial assessment year - Held that - The matter is no longer res integra. The issue has already been decided against the assessee in a judgment M/S ADMAC FORMULATIONS VERSUS COMMISSIONER OF INCOME TAX, PANCHKULA 2018 (10) TMI 1001 - PUNJAB AND HARYANA HIGH COURT as referring decision 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. Dismissal of appeal without giving an opportunity of being heard. 2. Tribunal's reliance on the decision in Hycron Electronics instead of referring to a larger bench. 3. Interpretation of "initial assessment year" under Section 80IC concerning substantial expansion. 4. Recognition of more than one initial assessment year under Section 80IC. Detailed Analysis: 1. Dismissal of Appeal Without Opportunity of Being Heard: The appellant-assessee contended that the Tribunal dismissed the appeal without giving an opportunity of being heard. However, the judgment does not elaborate on this issue, indicating that the court did not find merit in this contention. 2. Tribunal's Reliance on Hycron Electronics Decision: The appellant argued that the Tribunal erred by relying on the decision in Hycron Electronics instead of referring the matter to a larger bench due to a contrary view in Tirupati LPG Industries Limited. The court noted that the Tribunal had adjudicated the issue against the assessee based on its decision in Hycron Electronics. The Himachal Pradesh High Court in Stovkraft India had set aside the Tribunal's order in Hycron Electronics and decided in favor of the assessee. However, the Supreme Court in M/s Classic Binding Industries did not approve the view of the Himachal Pradesh High Court, thereby upholding the Tribunal's reliance on Hycron Electronics. 3. Interpretation of "Initial Assessment Year" Under Section 80IC: The appellant claimed that substantial expansion should allow for a new initial assessment year under Section 80IC. The court referred to the Supreme Court's judgment in M/s Classic Binding Industries, which clarified that an undertaking cannot claim a new initial assessment year after substantial expansion if it has already availed 100% deduction for the first five years. The Supreme Court emphasized that the total period of deduction cannot exceed ten years, with 100% deduction for the first five years and 25% for the next five years. 4. Recognition of More Than One Initial Assessment Year: The court examined whether Section 80IC recognizes more than one initial assessment year. The Supreme Court in M/s Classic Binding Industries ruled that there cannot be another initial assessment year within the ten-year period, even if substantial expansion is undertaken. This interpretation aligns with the legislative intent to limit the deduction period to ten years, preventing an extension of 100% deduction beyond the first five years. Conclusion: The court concluded that the substantial questions of law are answered against the assessee and in favor of the revenue. The appeal was dismissed based on the Supreme Court's interpretation in M/s Classic Binding Industries, which clarified that an assessee cannot claim another initial assessment year for 100% deduction after substantial expansion within the ten-year period. This decision ensures a consistent application of Section 80IC, limiting the total deduction period to ten years, with a phased reduction in the deduction rate after the first five years.
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