2010 (9) TMI 43 - HC - Income Tax

Industrial undertaking - The assessee is a manufacturer and exporter of hosiery goods. During the assessment a claim for deduction under section 80-IB was made in respect of income derived from sale of export incentives. The said claim was rejected as not falling under section 80-IB not being income derived from industrial undertaking. Held that - in the light of the various decisions the income derived from export incentive is not eligible for deduction u/s 80IB of the Act not being income declared from industrial undertaking.

Summary

Issues:
- Interpretation of section 80-IB of the Income-tax Act, 1961 regarding deduction eligibility for income derived from export incentives.
- Relevance of sales to an export house in claiming deduction under section 80-IB.
- Application of precedents set by the hon'ble Supreme Court and the Punjab and Haryana High Court in similar cases.
- Determination of whether export incentives constitute income derived from the industrial undertaking for section 80-IB deduction.

Analysis:
1. The appellant, a manufacturer and exporter of hosiery goods, claimed a deduction under section 80-IB for income derived from the sale of export incentives. The claim was initially rejected, stating it did not qualify as income derived from an industrial undertaking. However, the Commissioner of Income-tax (Appeals) and subsequently the Tribunal upheld the plea, considering part of the sales to an export house as a basis for eligibility under section 80-IB.

2. The Revenue, appealing under section 260A of the Income-tax Act, contended that the Tribunal's decision was erroneous. It argued that the income from export incentives was not eligible for section 80-IB deduction, citing precedents such as CIT v. Sterling Foods and Liberty India v. CIT, where it was established that such income did not qualify as derived from an industrial undertaking.

3. The court, guided by previous judgments, including its own decisions in cases like Jaswand Sons v. CIT, emphasized that export incentives do not constitute income derived from the industrial undertaking eligible for section 80-IB deduction. Therefore, the Tribunal erred in allowing the claim based on sales to an export house, as this factor was deemed irrelevant to the deduction under section 80-IB.

4. In light of the established legal principles and precedents, the court ruled in favor of the Revenue, allowing the appeal and setting aside the Tribunal's decision. The judgment clarified that income from DEPB benefits, being export incentives, does not form part of the net profits of an eligible industrial undertaking for the purpose of section 80-IB.