2009 (7) TMI 179 - AT - Income Tax

Summary

Issues involved: Determination of eligibility for deduction u/s 80-IC of the Income Tax Act, 1961.

Summary:
The appeal by the Revenue challenges the order of the learned CIT(A) regarding the eligibility of the assessee for deduction u/s 80-IC of the Act. The assessee, a partnership firm engaged in manufacturing, set up a unit in a Notified Export Promotion Industrial Park in Himachal Pradesh and claimed deduction under s. 80-IC. The AO denied the deduction stating that the assessee did not fulfill the conditions of sub-s. (2) of s. 80-IC. The CIT(A) allowed the deduction, interpreting that the assessee qualifies for deduction under s. 80-IC as it manufactures an article not mentioned in Schedule Thirteen. The Revenue appealed the decision.

The Tribunal analyzed the provisions of s. 80-IC and found the AO's interpretation to be incorrect. It clarified that s. 80-IC(2)(a)(ii) applies to undertakings manufacturing articles not specified in Thirteenth Schedule in specified areas, while s. 80-IC(2)(b)(ii) applies to those manufacturing articles specified in Fourteenth Schedule in the same areas. The Tribunal emphasized that these are separate provisions for different classes of assessees. Rejecting the AO's contention that both conditions in clauses (a) and (b) must be met, the Tribunal deemed it illogical and unjustifiable. It concluded that there is no ambiguity in the interpretation of s. 80-IC and dismissed the appeal.