2019 (3) TMI 14 - HC - Income Tax

Deduction u/s 80IA - consolidated financials have been prepared for the entire business - Denial assessee from claiming deduction under section 80IA in respect of the one undertaking of its choice - HELD THAT - We may, at this juncture, usefully refer to the provisions of section 80IB(5) of the Act which provides that in determining the quantum of deduction under section 80IA, the eligible business shall be treated as the only source of income of the assessee during the previous year relevant to the initial assessment year and to every subsequent assessment year upto and including the assessment year for which the determination is to be made. There is thus no doubt that each unit, including a CPP, has to be seen independently as separate and distinct from each other and as units for the purposes of grant of deduction under section 80IA of the Act. Where the assessee deserves profits from multiple units, all being eligible for deduction under Chapter VIA, the profits or losses arising from the respective units have to be considered in totality and only if the resultant figure were positive, would the assessee be entitled to its claim. Thus, the judgment M/S SYNCO INDUSTRIES LTD VERSUS ASSESSING OFFICER 2008 (3) TMI 13 - SUPREME COURT considers the interplay between the income and losses arising from eligible units alone, all of which are eligible for deduction under Chapter VIA, and would not apply to the facts and circumstances of the present case whether the claim under Section 80I was restricted only to the 16 MW unit at Karnataka. Mr.Senthil Kumar, fairly, does not dispute this position. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Section 80-1A of the Income Tax Act for a company engaged in multiple industrial undertakings.
2. Determination of deduction eligibility under Section 80-1A for separate industrial units within a company.

Issue 1: Interpretation of Section 80-1A of the Income Tax Act for a company engaged in multiple industrial undertakings:

The appeal under Section 260A of the Income Tax Act challenged the order of the Income Tax Appellate Tribunal regarding Assessment Year 2004-2005. The key questions were whether deduction under Section 80-1A should apply to a single industrial unit or all units combined, and if the assessee was entitled to exemption for a unit in Karnataka despite maintaining consolidated financial statements. The Tribunal's decision was influenced by the interpretation of separate undertakings and the purpose of the units in power generation and distribution.

Issue 2: Determination of deduction eligibility under Section 80-1A for separate industrial units within a company:

The case involved an assessee operating three units engaged in sugar manufacturing, with claims under Section 80-1A for the 16 MW unit in Karnataka. The Assessing Officer set off prior losses against profits, leading to a dispute on the treatment of losses from other units. The Commissioner of Income Tax (Appeals) dismissed the appeal, emphasizing the lack of evidence for separate undertakings and concluding that all units should be treated as a single generation unit.

The Tribunal reversed the lower authorities' decision, citing a Delhi High Court judgment and emphasizing that deduction under Section 80-1A should apply only to the specific unit claiming it. The Tribunal highlighted the existence of independent Power Purchase Agreements for each unit, supporting the assessee's claim for deduction for the chosen unit. The Tribunal's decision aligned with the Supreme Court's interpretation of Section 80-I, emphasizing the independent treatment of units for deduction purposes.

In conclusion, the High Court upheld the Tribunal's decision, ruling in favor of the assessee and dismissing the Revenue's appeal. The judgment clarified the application of Section 80-1A for companies with multiple industrial units, emphasizing the independent treatment of units for deduction eligibility. The case highlighted the importance of separate agreements and financial statements to support claims for deduction under the Income Tax Act.