1996 (3) TMI 3 - SC - Income Tax

Scope and interpretation of section 80K - Both the plants fulfilled all the conditions for the grant of necessary relief under section 80J of the Act. Accordingly, in the course of assessment of the company for the assessment years commencing from the assessment year 1975-76, the relief to which the appellant was entitled under section 80J - since deduction under section 80J was not actually allowed but only entitled, appellant is entitled to benefit of section 80K

Summary

Issues:
Interpretation of section 80K of the Income-tax Act, 1961.

Analysis:
The case involved the interpretation of section 80K of the Income-tax Act, 1961, concerning the entitlement of a public limited company to relief under sections 80J and 80K for establishing new industrial undertakings. The appellant company had established a polyester fibre plant and a Sulzer plant, fulfilling conditions for relief under section 80J. The dispute arose when the Income-tax Officer calculated the relief allowable under section 80K for the appellant based on the capital employed in the new undertakings. The appellant claimed a higher relief amount for both plants, leading to a disagreement with the respondent regarding the computation of the exempted portion of dividends under section 80K.

The High Court of Gujarat, in its judgment, relied on previous decisions and questioned the applicability of section 80K when the profits derived from a new industrial undertaking were nil or showed a loss. The High Court doubted the correctness of a prior judgment and concluded that the benefit under section 80K could not be granted for the relevant capital employed in the Sulzer plant due to the absence of assessable profits and gains.

The Supreme Court, in its analysis, emphasized the entitlement of the appellant under section 80J, which automatically extended to the benefit of section 80K as per the interpretation of the relevant provisions. The Court criticized the High Court's failure to follow a previous decision and clarified that the entitlement to relief under section 80K was not contingent on the profitability of the new industrial undertaking. The Court highlighted that the High Court's reference to other judgments concerning different sections of the Act was unnecessary as the appellant's entitlement under section 80J was undisputed, thereby entitling them to relief under section 80K.

Consequently, the Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the respondent to issue a certificate to the appellants, reflecting the exempted dividend portions for the polyester fibre plant and the Sulzer plant. The appellants were also awarded costs in the matter.