2013 (11) TMI 909 - HC - Income Tax

Deduction u/s 80I - whether Zarda Yukta Pan Masala is a tobacco preparation Held that - Pan Masala is not a mixture of tobacco but when it is mixed with tobacco, it becomes a tobacco preparation Following State of Orissa v. Radheshyam Gudakhu Factory 1987 (8) TMI 405 - SUPREME COURT OF INDIA - gudakhu is product of tobacco, and that although a major part of molasses and other constituents are added to the tobacco the essential and effective ingredient remains tobacco, and therefore gudakhu is known as a product of tobacco in common parlance - The percentage of tobacco in the mixture, is not material - Once tobacco is mixed, even in a small quantity, the Pan Masala becomes a tobacco preparation, which is a separate and distinct commercial commodity - Decided in favour of Revenue.

Summary

Issues involved:
Interpretation of the term "tobacco preparation" under Schedule XI of the Income Tax Act for deduction eligibility under Section 80I and Section 32AB.

Detailed Analysis:

1. Issue 1: Interpretation of "tobacco preparation" under Schedule XI for deduction eligibility
The case involved the interpretation of whether Zarda Yukta Pan Masala qualifies as a tobacco preparation under Item 2 of Schedule XI of the Income Tax Act, impacting the eligibility for deductions under Section 80I and Section 32AB. The Tribunal had previously held that Zarda Yukta Pan Masala is not a tobacco preparation, allowing for the deductions. However, the High Court disagreed with this interpretation. It emphasized that even a small quantity of tobacco in the mixture would classify the Pan Masala as a tobacco preparation, distinct and identifiable to consumers. The Court highlighted that the purpose of the entry in Schedule XI is to exclude rebates on products harmful to health, indicating a broad interpretation of "tobacco preparation."

2. Issue 2: Application of legal precedents
The Court analyzed the applicability of legal precedents, specifically the case of State of Orissa v. Radheshyam Gudakhu Factory, which dealt with the classification of "gudakhu" as a tobacco product. While the Supreme Court in that case held that "gudakhu" is a tobacco preparation, the Court in the present case distinguished the context, emphasizing that the judgment was specific to the Central Excise and Salt Act. It concluded that the Zarda Yukta Pan Masala, once mixed with tobacco, falls under the category of tobacco preparation, irrespective of the percentage of tobacco in the mixture.

3. Issue 3: Dismissal of Special Leave Petition and legal implications
The Court addressed the dismissal of the Special Leave Petition by the Supreme Court in a previous related case, highlighting that such dismissals do not constitute a confirmation of the reasoning in the decision being appealed against. It cited various legal precedents to support this position, emphasizing that the dismissal in limine does not establish legal precedent. This aspect underscored the importance of considering the specific facts and legal interpretations in each case.

4. Conclusion
Ultimately, the Court ruled in favor of the revenue and against the assessee, deciding that the Zarda Yukta Pan Masala should be considered a tobacco preparation, thereby disallowing the deductions claimed under Section 80I and Section 32AB. The judgment provided a detailed analysis of the legal principles, precedents, and factual considerations to arrive at this decision.