2017 (12) TMI 625 - HC - Income Tax

Entitlement to the deduction u/s 80-IA - income from generation of power - entitled to deduction on the gross receipt without reducing depreciation under Section 80-IA - Held that - Expenses incurred and depreciation has to be reduced from the gross receipt, to arrive at the figure on which deduction is to be allowed under Section 80 IA of the Act. Deduction was to be allowed only on the net profits of the said undertaking, which was eligible for deduction under Section 80-IA. It is an accepted and admitted position that the appellant-assessee was entitled to depreciation of over ₹ 3.24 crores on the wind mills, which were installed and used for generating electricity and also commission income. Thus, the depreciation, which was to be allowed and given on the wind mills was almost fifteen times the income earned by the appellant-assessee from generation of electricity, which was eligible for deduction under Section 80-IA. This being the position, we do not think the appellant-assessee would be entitled to deduction on the gross receipt without reducing depreciation under Section 80-IA regardless of whatever interpretation they want to place on the provisions of Section 80IA. In the facts of the present case, the question of bifurcation of depreciation in view of the two lines of business, etc. wanes, as the amount of depreciation, even on bifurcation, which would be reduced from the gross receipts of the undertaking eligible for deduction under section 80IA of the Act, would be significantly higher. We do not, therefore, in the facts of the present case, find any good ground or reason to interfere with the impugned order passed by the Tribunal. The question of law is accordingly, in the facts of the present case, answered against the appellant-assessee and in favour of the Revenue.

Summary

Issues Involved:
1. Entitlement of the appellant to deduction under Section 80-IA of the Income Tax Act, 1961.
2. Computation of deduction under Section 80-IA in relation to depreciation on wind mills.
3. Applicability of sub-section (5) of Section 80-IA for computing profits of the eligible business.

Issue-wise Detailed Analysis:

1. Entitlement to Deduction under Section 80-IA:
The core issue in this appeal pertains to whether the appellant was rightfully entitled to the deduction under Section 80-IA of the Income Tax Act, 1961. The appellant derived income from consultancy services and the sale and installation of wind electricity generators. The power generated was sold to Tamil Nadu State Electricity Board, earning ?22,92,245/-. The appellant claimed this entire income as exempt under Section 80-IA. However, the Income Tax Officer, in the assessment order dated 15th February 1999, reduced this income by the depreciation on wind mills, resulting in a negative figure, thereby denying the deduction under Section 80-IA.

2. Computation of Deduction under Section 80-IA:
The Commissioner of Income Tax (Appeals) partly allowed the appellant’s claim by stating that depreciation should be deducted from the entire income of the assessee first, and the balance should be deducted from the income earned from the sale of power. The Tribunal, however, upheld the Revenue’s contention that the entire depreciation on wind mills should be deducted from the income generated from power generation alone. The Tribunal emphasized that Section 80-IA(5) mandates that the profit of the eligible business be computed as if it were the only source of income of the assessee. Therefore, the deduction under Section 80-IA should be allowed on the net income after deducting the depreciation.

3. Applicability of Sub-section (5) of Section 80-IA:
The Tribunal and the High Court both noted that Section 80-IA(5) contains an overriding provision that mandates the computation of profits of the eligible business as if it were the only source of income. The High Court, referencing the Supreme Court’s decision in Plastiblends India Limited, reiterated that the deduction under Section 80-IA is on the net amount earned by the eligible undertaking after computing the income in terms of Chapter IV of the Act, which includes depreciation under Section 32. The Court highlighted that the appellant's depreciation on wind mills was significantly higher than the income earned from power generation, thus reinforcing that the deduction should be on net profits after depreciation.

Conclusion:
The High Court concluded that the appellant was not entitled to the deduction on the gross receipts without reducing depreciation. The Court emphasized that the deduction under Section 80-IA is to be allowed only on the net profits of the eligible undertaking after accounting for all deductions, including depreciation. The appeal was dismissed, and the question of law was answered in favor of the Revenue, aligning with the Tribunal’s decision and the Supreme Court’s interpretation in relevant cases. The Court clarified that this interpretation would apply to the facts of the present case, and any future interpretation would depend on the relevant provisions at that time.