2019 (2) TMI 322 - HC - Income Tax

Disallowance of deduction u/s 80-IC - a new industrial unit at Selaqui, Uttrakhand had started during the assessment year - A.O. was not satisfied with the declarations and was of the view that having regard to the value of the machinery, that previously used machinery for any purpose is more than 20% of the value of the plant and machinery used in the new unit, the assessee has failed to satisfy the conditions laid down in Section 80-IC(4)(ii) - as per ITAT new plant and machinery, even if assumed to be transferred by the assessee from Kala Amb unit to Selaqui unit, it was never put to use to carry out the manufacturing activities to qualify for exemption u/s 80-IC - Held that - Under Section 260A, this Court is to frame substantial questions of law wherever they do arise. Though the findings of facts by the AO were reversed by the CIT(A), and in turn were set aside by the ITAT, that ipso facto does not attract the jurisdiction of this Court unless the reasoning or the approach of the ITAT is so unreasonable or manifestly irrational. The ITAT in its remit is the final tribunal of fact. In this case, the court is of the opinion that the ITAT performed the task to the extent it could, having regard to the materials which it elaborately and exhaustively analyzed. The inference it drew cannot be called perverse or illegal. No substantial question of law arises.

Summary

Issues:
1. Disallowance of deduction under Section 80-IC of the Income Tax Act by the AO.
2. Reversal of Commissioner's decision by the ITAT regarding the eligibility of the Selaqui unit for exemption under Section 80-IC.
3. Dispute over whether the Selaqui unit was created by splitting up an existing unit, contrary to Section 80-IC(4)(ii).

Issue 1: Disallowance of Deduction under Section 80-IC:
The appellant appealed against the decision of the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2008-2009, where its claim for deduction under Section 80-IC was disallowed by the Assessing Officer (AO). The AO disallowed the deduction as the machinery transferred to the new unit at Selaqui exceeded 20% of the value of the plant and machinery used in the new unit. The Commissioner granted relief, but the ITAT reversed this decision, emphasizing that the machinery transfer violated Section 80-IC(4)(ii). The ITAT found discrepancies in the assessee's claims, including lack of evidence of manufacturing activities at the new unit and minimal expenditure debited to the Profit & Loss Account. The ITAT concluded that the turnover reported was not feasible without adequate supervision or workforce, leading to the disallowance of the deduction.

Issue 2: Eligibility of Selaqui Unit for Exemption under Section 80-IC:
The ITAT analyzed whether the Selaqui unit was eligible for exemption under Section 80-IC. It noted that the assessee lacked the competence in the new unit to carry out manufacturing activities and transferred used machinery in excess of 20% from the previous unit, violating Section 80-IC(4)(i). The ITAT scrutinized various documents, such as agreements and balance sheets, to assess the validity of the claims. It highlighted discrepancies in the machinery transfer process and the lack of substantial evidence of manufacturing activities at the new unit. The ITAT doubted the credibility of the explanations provided by the assessee regarding machinery purchases and usage, ultimately leading to the rejection of the claim for exemption under Section 80-IC.

Issue 3: Creation of Selaqui Unit by Splitting Existing Unit:
The appellant contested the ITAT's findings that the Selaqui unit was created by splitting up an existing unit, contrary to Section 80-IC(4)(ii). The appellant argued that the nature of the business involved manufacturing activities that could be performed by a few workmen and disputed the ITAT's doubts regarding the reported high turnover. The Court examined the orders of the Appellate Commissioner and the ITAT, noting the detailed analysis conducted by the Commissioner in favor of the assessee. The Court upheld the ITAT's decision, emphasizing that unless the ITAT's reasoning was unreasonable or irrational, the Court would not intervene. It concluded that the ITAT's analysis was thorough and not perverse, leading to the dismissal of the appeal.

This comprehensive analysis of the judgment highlights the key issues of disallowance of deduction under Section 80-IC, the eligibility of the Selaqui unit for exemption, and the dispute over the creation of the unit by splitting up an existing unit. The Court's detailed examination and reasoning in each issue provide a clear understanding of the legal complexities involved in the case.