2012 (6) TMI 467 - HC - Income Tax

Deduction u/s 80IC - Conditions - industrial undertaking - held that - The words profits and gains derived from Industrial Undertaking occurring in section 80-IA of the Act were under consideration of this court in Liberty Shoes Ltd. s case 2006 (8) TMI 163 (HC) . - The assessee who was earning profit from business of trading activity or products of other con- cerns was held not to derive income from such industrial undertaking. Following the dictum laid down in Sterling Foods case 1999 (4) TMI 1 (SC) it was held that the assessee was not entitled to any benefit under the said provision. - Decided in favor of revenue.

Summary

Issues:
Interpretation of section 80-I of the Income-tax Act, 1961 regarding deduction for an industrial undertaking.

Analysis:
The case involved a question of law referred to the Punjab and Haryana High Court by the Income-tax Appellate Tribunal regarding the eligibility of an assessee for deduction under section 80-I of the Income-tax Act. The assessee, engaged in commission income and trading footwear, claimed deductions under section 80-I for two assessment years. The Assessing Officer disallowed the deduction, stating that the assessee was not an industrial undertaking. This decision was upheld by the Commissioner of Income-tax (Appeals) and the Tribunal.

The main issue for consideration was whether the assessee, who outsourced the manufacturing of shoes to cobblers or a sister concern, could be considered as deriving income from an industrial undertaking as per section 80-I of the Act. The assessee argued for eligibility based on various judgments, while the Revenue supported the Tribunal's decision, citing a similar case precedent.

The Court examined the provisions of section 80-I, which allows a deduction for profits and gains derived from a new industrial undertaking. Referring to the Supreme Court's decision in Sterling Foods' case, it was highlighted that the profits must have a direct nexus with the industrial undertaking to qualify for the deduction. Previous judgments cited by the assessee were deemed irrelevant as they were either issued before the clarifications provided in Sterling Foods' case or did not consider its implications.

Ultimately, the Court ruled in favor of the Revenue, stating that the issue raised had been conclusively settled against the assessee based on previous judgments. The question of law was answered in favor of the Revenue, and the reference was disposed of accordingly.