1972 (8) TMI 24 - HC - Income Tax

New Industrial Undertaking - loss in one business and profit in another - whether they are to be setoff to work out rebate under section 84

Summary

Issues:
Assessment of income for the year 1963-64, entitlement to tax exemption under section 84 of the Income-tax Act, interpretation of section 84 and section 110, applicability of previous court decisions on similar matters.

Analysis:
The judgment pertains to the assessment year 1963-64 of a Government of India undertaking engaged in manufacturing electric equipment. The assessee had four divisions, with three being newly established and entitled to tax exemption under section 84 of the Income-tax Act. The Income-tax Officer initially determined the total income at Rs. 2,07,466, considering the profit and losses from various divisions. The assessee claimed a carry-forward loss of Rs. 2,11,574, based on the exempted income and divisional profits. The Income-tax Officer rejected this claim, citing precedents like Commissioner of Income-tax v. National Electrical Industries Ltd. The Appellate Assistant Commissioner, however, allowed the claim, relying on Seth Jamnadas Daga v. Commissioner of Income-tax.

The matter escalated to the Income-tax Appellate Tribunal, which overturned the Appellate Assistant Commissioner's decision, following the precedent set by the National Electrical Industries case. The Tribunal held that the assessee was not entitled to the claimed carry-forward loss. The Tribunal referred the question of entitlement to relief under section 84 to the High Court, emphasizing the interpretation of section 84 and section 110 of the Income-tax Act, 1961.

Section 84 of the Act, which was later deleted by the Finance Act of 1967, provided for tax exemption for profits from newly established industrial undertakings. The court analyzed the scope of section 84 in comparison to section 15C of the Indian Income-tax Act, 1922, as interpreted in previous court decisions like National Electrical Industries Ltd.'s case and Orissa Cement Ltd. v. Commissioner of Income-tax. The court highlighted the distinction between deductions from income and exemptions from taxation, emphasizing that the benefit of exemption under section 84 falls under the category of income included in the total income.

The court discussed the provisions of sections 70 to 80 for loss set-off and carry-forward, along with section 110 for computing tax when exempted income is included in the total income. The judgment underscored the legislative intent behind the deletion of section 84 and its replacement with section 80J by the Finance Act of 1967. The court concluded that the assessee's claim mirrored the concessions under section 80J, which were not applicable for the assessment year 1963-64. Therefore, the court upheld the Tribunal's decision, denying the assessee's entitlement to carry forward the claimed shortfall of Rs. 2,11,574.

In conclusion, the High Court answered the referred question in the affirmative, ruling against the assessee and directing them to pay the costs of the reference.