2006 (9) TMI 79 - HC - Income Tax

Court Denies Deduction for Duty Drawback Income, Emphasizing 'Derived from Business' Requirement

The court upheld the denial of deduction under section 80-IB for duty drawback, emphasizing that the income was not 'derived from' the specified business ... Deduction – AO contended that assessee is not entitle for deduction u/s 80-IB in respect of duty drawback on the ground that said income was not “derived from” the business of assessee – Held that AO contention is correct Issues:Interpretation of section 80-IB for deduction on duty drawback, Application of judgments in CIT v. Sterling Foods and CIT v. Ritesh Industries Ltd., Conflict between judgments of different High Courts, Applicability of judgment in Nahar Exports Ltd. v. CIT, Amendment to section 80HHC and its impact on the case.Analysis:The appeal under section 260A of the Income-tax Act, 1961 questions the denial of deduction under section 80-IB for duty drawback amounting to Rs. 1,74,316. The Assessing Officer disallowed the claim stating the income was not 'derived from' the business of the assessee as required by section 80-IB, citing CIT v. Sterling Foods. However, the Commissioner of Income-tax (Appeals) allowed the claim, asserting the duty drawback was linked to production cost and formed part of income derived from the industrial undertaking.On further appeal, the initial decision was upheld based on the judgment in CIT v. Ritesh Industries Ltd., which followed the principles set by the Supreme Court in Sterling Foods. The assessee argued that the judgment in CIT v. India Gelatine and Chemicals Ltd. supported their stance, emphasizing the pending SLP against the judgment in Ritesh Industries Ltd., indicating a substantial question of law.The Revenue contended that the matter was settled by the Supreme Court's decision in Sterling Foods, supported by subsequent High Court judgments. They argued that the crucial issue was whether the income was 'derived from' the specified business, irrespective of its connection to business activities. The court noted the similarity between the nature of income from duty drawback and the income in Sterling Foods, concluding that the duty drawback income did not qualify as income 'derived from' the specified business.The court referred to the reasoning in Sterling Foods and held that the income from duty drawback did not meet the criteria of being 'derived from' the specified business. The distinction made by the assessee between duty drawback income and other forms of income was deemed irrelevant, as the core issue was the derivation of income from the specified business.Regarding the amendment to section 80HHC, the court dismissed the submission, stating it did not impact the interpretation of section 80-IB. Consequently, the appeal was dismissed based on the precedent set by the Supreme Court in Sterling Foods, with no substantial question of law arising in the case.