2014 (10) TMI 789 - HC - Income Tax

Allowability of deduction u/s 80HH and 80I Ship breaking activity amounts to manufacture and production or not Whether the Tribunal was right in allowing the deduction u/s 80-HH and 80-I holding that ship breaking activity gives rise to manufacturing and production of altogether a new article or thing - Held that - Following the decision in Vijay Ship Breaking Corporation and Others vs. C.I.T 2008 (10) TMI 6 - SUPREME COURT - the ship breaking activity resulted in production of articles which emerged when the ship breaking activity stood undertaken - the important test which distinguishes the word production from manufacture is that the word production is wider than the word manufacture - the word production cannot derive its colour from the word manufacture - the word production is wider than the word manufacture - the word production has a wider connotation than the word manufacture - the Tribunal was right in allowing the deduction u/s 80HH and 80-I to the assessee holding that the ship breaking activity gave rise to the production of a distinct and different article - ship breaking activity gave rise to the production of a distinct and different article and therefore the deduction u/s 80HH and 80-I is required to be given thus, the order of the Tribunal is upheld Decided against Revenue.

Summary

Issues:
1. Interpretation of ship breaking activity as manufacturing activity for deduction under sections 80HH and 80-I.

Analysis:
The High Court of Gujarat was presented with the issue of whether ship breaking activity qualifies as a manufacturing activity for the purpose of claiming deductions under sections 80HH and 80-I of the Income Tax Act. The case involved an assessee firm engaged in ship breaking at Alang Port, which had claimed the said deductions. Initially, the Assessing Officer rejected the claim, arguing that ship breaking does not constitute an industrial undertaking involved in the manufacture or production of articles. However, the CIT (Appeals) overturned this decision based on a Tribunal ruling in favor of another assessee.

Upon appeal by the revenue, the Tribunal held that ship breaking indeed results in the manufacture and production of a new article, making the firm eligible for deductions under the aforementioned sections. The revenue further challenged this decision before the High Court, raising the substantial question of law regarding the eligibility of ship breaking activity for the said deductions.

The High Court referenced a previous judgment by the Hon'ble Supreme Court in the case of Vijay Ship Breaking Corporation and Others, where it was established that ship breaking activity leads to the production of a distinct and different article. The Supreme Court's decision emphasized that the word "production" is broader than "manufacture," and the emergence of a new article during ship breaking signifies production. The Court highlighted that the legislative use of "manufacture" or "production" indicates the wider scope of the term "production."

Considering the precedent set by the Supreme Court and the absence of contradictory decisions presented by the revenue, the High Court concurred with the Tribunal's ruling. The Court upheld the Tribunal's decision, confirming the eligibility of the assessee firm for deductions under sections 80HH and 80-I. Consequently, the High Court dismissed the Tax Appeals filed by the revenue, affirming the Tribunal's judgment in favor of the assessee firm engaged in ship breaking at Alang Port.