2016 (7) TMI 1303 - HC - Income Tax

Court Limits Deductions to Prevent Excessive Claims

TRANSPEK SILOX INDUSTRY LTD Versus DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 4

TRANSPEK SILOX INDUSTRY LTD Versus DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 4 - TMI Issues Involved:1. Interpretation of sections 80IB, 80IA(9), and 80HHC of the Income-tax Act, 1961.2. Whether deductions under sections 80IB and 80HHC should be computed independently with the total deduction not exceeding 100% of the eligible profit.3. Validity of the Tribunal's reliance on the Special Bench decision in the case of Rohini Garments in light of the Madras High Court decision in SCM Creations.Detailed Analysis:1. Interpretation of Sections 80IB, 80IA(9), and 80HHC:The Tribunal's interpretation of sections 80IB, 80IA(9), and 80HHC was challenged. The court examined the legislative intent and the specific language of subsection (9) of section 80IA. It was noted that this subsection was introduced to prevent assessees from claiming multiple deductions on the same profit, which could exceed the business income of the assessee. The court emphasized that subsection (9) is divided into two parts: the first part disallows deductions under other provisions to the extent profits are claimed under section 80IA, and the second part limits the total deduction to the profits of the eligible business. The court concluded that ignoring the first part would render it redundant, which is against principles of statutory interpretation.2. Computation of Deductions under Sections 80IB and 80HHC:The court addressed whether deductions under sections 80IB and 80HHC should be computed independently, provided the total deduction does not exceed 100% of the eligible profit. The court referred to the case of Commissioner of Income Tax v. Atul Intermediates, which clarified that subsection (9) of section 80IA impacts other deduction provisions, including section 80HHC. The court held that the deductions should not be computed independently if it leads to exceeding the total profits and gains of the eligible business. The court stated that subsection (9) must be applied at the stage of computing deductions under section 80HHC, ensuring that the combined deductions do not surpass the total profits of the business.3. Validity of Tribunal's Reliance on Rohini Garments:The Tribunal had followed the decision in the case of Rohini Garments, which was contested as not being good law in light of the Madras High Court's decision in SCM Creations. The court agreed with the respondent's counsel that the issue was covered by the decision in Commissioner of Income Tax v. Atul Intermediates. The court observed that the Tribunal's reliance on Rohini Garments was incorrect as it did not align with the legislative intent and the interpretation upheld in previous judgments, including the Supreme Court's stance on similar matters.Conclusion:The court disposed of the appeals, ruling in favor of the revenue and against the assessee. The questions of law were decided based on the observations and interpretations provided in the case of Commissioner of Income Tax v. Atul Intermediates. The Assessing Officer was instructed to give effect to this order only after the Supreme Court's decision in the case referred to the Larger Bench. The court's decision ensures that the deductions under sections 80IB and 80HHC are computed in a manner that does not exceed the total profits of the eligible business, adhering to the legislative intent and statutory provisions.