2016 (5) TMI 1256 - AT - Income Tax

Disallowance of benefit of substantial expansion under section 80IC - CIT(A) confirming the deduction under section 80IC of the Act to the extent of 25% as against 100% - Held that - Assessee is entitled to only 25% of deduction during the present year because the assessee has already availed the period of full deduction @ 100% in the earlier five years. See Hycron Electronics V ITO. 2015 (6) TMI 725 - ITAT CHANDIGARH - Decided against assessee.

Summary

Issues Involved:
1. Disallowance of the benefit of substantial expansion under section 80IC of the Income Tax Act.
2. Confirmation of deduction under section 80IC to the extent of 25% as against 100%.

Issue-wise Detailed Analysis:

1. Disallowance of the Benefit of Substantial Expansion Under Section 80IC:
The appellant, engaged in manufacturing electronic components, claimed a 100% deduction under section 80IC for substantial expansion in the assessment year 2010-11. The Assessing Officer restricted this deduction to 25%, arguing that the benefit of substantial expansion under section 80IC is available only to units existing prior to January 7, 2003, not to those set up after this date. This interpretation was upheld by the CIT(A), referencing the Tribunal's decision in the case of Hycron Electronics, which also restricted the deduction to 25% for similar reasons.

2. Confirmation of Deduction Under Section 80IC to the Extent of 25% as Against 100%:
The Tribunal examined the provisions of section 80IC, which provides deductions for units in specific states, including Himachal Pradesh, based on whether they are new units or existing units undertaking substantial expansion. It was clarified that the deduction for substantial expansion is intended for units existing before January 7, 2003. The Tribunal emphasized that the legislative intent was to provide 100% deduction for the first five years and 25% thereafter, and this applied to both new units and existing units undertaking substantial expansion. The Tribunal concluded that allowing a 100% deduction for substantial expansion of new units would create an unfair advantage over existing units, which was not the legislative intent. The Tribunal upheld the CIT(A)'s decision, affirming that the appellant was entitled only to a 25% deduction.

Conclusion:
The Tribunal dismissed the appeal, confirming that the appellant is entitled to only a 25% deduction under section 80IC for the assessment year 2010-11, in line with the decision in the case of Hycron Electronics. The judgment emphasized that the legislative framework and intent do not support a 100% deduction for substantial expansion of new units beyond the initial five years.