2010 (10) TMI 748 - AT - Income Tax

Tribunal grants deduction for new unit under section 80IB, rejects other grounds

The Tribunal allowed the appeal, granting deduction under section 80IB for the new unit, as it was not a reconstruction of an existing business but a new ... Disallowance - Deduction u/s 80IB - income from sale of scrap, interest - Unexplained cash credit - no credible evidence has been furnished before us so as to show the source from where additional capital has come - At least some basic documents should have been shown for enabling the Tribunal go give further opportunity to the assessee Regarding deduction u/s 80IB - New unit - even though the assessee has constructed building, installed new plant and machinery at the new place but the fact remains that entire business was shifted from one place to another - It is undisputed fact that assessee has purchased entirely new plant and machineries, set up a new unit, at a new location with investment of fresh capital. It would be a case of setting up of a new unit - The essential difference lies in change in location and installation of new infrastructure in the form of factory building and plant and machinery, whether assessee carries out the same business or different business is not an essential ingredient to hold it is a reconstruction or not - there are several decisions in favour of the assessee where these terminologies, namely “re-construction of business” or “splitting up of business” or even “transfer of business” have duly been deliberated upon which needs no detailed discussion - The old unit was closed down way back in the year 1998 and the new unit had come up in the year 2002 and an entirely new building was constructed with the deployment of new technology to manufacture new type of telephone instrument - Exemption u/s 80IB allowed - Decided in favor of assessee. Issues Involved:1. Treatment of income from the sale of scrap as non-manufacturing income.2. Treatment of interest income as non-manufacturing income.3. Addition of unsecured loan as unexplained cash credit.4. Addition out of interest expenses.5. Addition out of vehicle loan.6. Addition out of the introduction of capital.7. Denial of deduction under section 80IB due to alleged reconstruction of an existing business.Detailed Analysis:1. Treatment of Income from Sale of Scrap as Non-Manufacturing Income:The assessee contended that the income from the sale of scrap should be eligible for deduction under section 80IB of the Income-tax Act, 1961. The CIT(A) confirmed the AO's action of treating this income as non-manufacturing income, contrary to the provisions of section 80IB on a plain reading and literal interpretation of the law.2. Treatment of Interest Income as Non-Manufacturing Income:Similarly, the interest income was treated as non-manufacturing income by the AO and confirmed by the CIT(A). The assessee argued that this treatment was contrary to section 80IB, which should allow for such income to be eligible for deduction.3. Addition of Unsecured Loan as Unexplained Cash Credit:The AO added Rs. 4,00,000/- as unexplained cash credit under section 68 of the Income-tax Act, 1961. The CIT(A) confirmed this addition, which the assessee claimed was based on presumptions and surmises, and not on the actual facts and circumstances of the case.4. Addition Out of Interest Expenses:The AO made an addition of Rs. 50,595/- out of interest expenses, which was confirmed by the CIT(A). The assessee argued that this addition was based on presumptions and surmises, and contrary to the facts and circumstances of the case.5. Addition Out of Vehicle Loan:The AO added Rs. 1,000/- out of the vehicle loan, confirmed by the CIT(A). The assessee contended that this addition was also based on presumptions and surmises, and contrary to the facts and circumstances of the case.6. Addition Out of Introduction of Capital:The AO found that the assessee introduced Rs. 4,48,950/- in the capital account without credible evidence to explain the source, leading to the addition. The CIT(A) confirmed this, and the Tribunal upheld the decision, noting that no credible evidence was furnished to show the source of the additional capital.7. Denial of Deduction Under Section 80IB:The AO denied the deduction under section 80IB, arguing that the industrial undertaking was formed by the reconstruction of a business already in existence. The CIT(A) confirmed this view, citing that the old business had not ceased functioning and its identity was not lost or abandoned. The Tribunal, however, disagreed, stating that the assessee had set up a new unit with new plant and machinery at a new location, with fresh capital investment, fulfilling the conditions of section 80IB(2). The Tribunal referenced several case laws to support its decision, concluding that the new unit was not a reconstruction of the existing business but a new independent unit.Conclusion:The Tribunal allowed the appeal filed by the assessee, granting the deduction under section 80IB for the new unit, while rejecting the other grounds due to lack of credible evidence or because they were not pressed by the assessee during the hearing.