2016 (6) TMI 1485 - HC - Income Tax

Computation of deduction u/s 80HH and section 80I - Tribunal directing to exclude only the net income from FDR interest, interest on loans, discounting income and transport income - HELD THAT - This Court in the case of Nirma Ltd. 2010 (8) TMI 1184 - GUJARAT HIGH COURT has held that in computing the special deductions under sections 80-I, 80-IA and 80HH net incomes not derived from industrial undertaking should be excluded and that the Tribunal was right in granting benefit of deduction u/s 80-I of the Act on various incomes such as job work receipt, sale of empty soda ash bardan, sale of empty barrels and plastic waste. Therefore we are of the opinion that the Tribunal is justified in directing to exclude the net income from FDR interest, interest on loans, discounting income and transport income. We do not see any infirmity in the same and therefore the said question is required to be answered in favour of assessee and against the revenue.

Summary

Issues:
1. Interpretation of provisions under sections 80HH, 80I of the Income Tax Act, 1961.
2. Determination of whether certain incomes are derived from industrial undertakings for tax deduction purposes.

Analysis:

Issue 1: Interpretation of provisions under sections 80HH, 80I of the Income Tax Act, 1961:
The High Court considered the appeal challenging the judgment of the Income Tax Appellate Tribunal (ITAT) regarding the exclusion of net income from Fixed Deposit Receipt (FDR) interest, interest on loans, discounting income, and transport income while computing deductions under sections 80HH and 80I of the Income Tax Act, 1961. The Court framed substantial questions of law to determine the correctness of the ITAT's decision. The Tribunal had directed the exclusion of only the net income from these sources, which was contested by the revenue. The revenue argued that such incomes are not derived from industrial undertakings, contrary to the Tribunal's decision.

Issue 2: Determination of whether certain incomes are derived from industrial undertakings for tax deduction purposes:
The assessment of the assessee was completed with additions made by the Assessing Officer on account of disallowance of deductions under sections 80I and 80HH of the Income Tax Act on fixed deposit interest, transport income, and under section 35AB of the Income Tax Act. The CIT(A) partly allowed the claim of the assessee, leading to appeals before the Tribunal. The Tribunal decided the appeals of both the assessee and the revenue, ultimately directing the exclusion of net income from various sources. The revenue contended that such incomes should not be considered as derived from industrial undertakings. However, the Court, referring to the decision in a previous case, held that net incomes not derived from industrial undertakings should be excluded while computing deductions. Consequently, the Court upheld the Tribunal's decision to exclude the specified incomes and dismissed the Tax Appeal in favor of the assessee.

In conclusion, the High Court affirmed the ITAT's decision to exclude the net income from FDR interest, interest on loans, discounting income, and transport income while computing deductions under sections 80HH and 80I of the Income Tax Act, 1961. The Court held that such incomes not derived from industrial undertakings should be excluded for tax purposes, in line with established legal principles. The judgment favored the assessee, confirming the ITAT's decision and dismissing the Tax Appeal filed by the revenue.