1992 (11) TMI 73 - HC - Income Tax

Court grants lower tax rate to assessee for qualifying as 'industrial company' under Finance Act.

The court determined that the assessee qualified as an 'industrial company' under the Finance (No. 2) Act, 1977, based on its activities of reshaping and ... Interest Issues:1. Determination of whether the assessee is an 'industrial company' for tax assessment purposes.2. Interpretation of the term 'processing of goods' under section 2(7)(c) of the Finance (No. 2) Act, 1977.Analysis:1. The judgment addresses two references concerning the assessment years 1977-78 and 1979-80, focusing on whether the assessee qualifies as an 'industrial company' under section 2(7)(c) of the Finance (No. 2) Act, 1977. The assessee, a limited company, reshapes and polishes moulds purchased from another entity before selling them to third parties. Initially taxed at 65%, the assessee argued for a lower rate of 55% applicable to industrial companies. The Tribunal ruled in favor of the assessee, considering it engaged in the 'processing of goods' as per the Act.2. The definition of an 'industrial company' encompasses entities involved in the manufacture or processing of goods. Citing a previous case, the court elaborated on the broad scope of 'processing of goods,' including activities like treatment, development, or preparation for market sale. The court emphasized that processes need not equate to manufacturing new products but could involve enhancing existing goods for marketability. Applying this reasoning, the court found the assessee's reshaping and polishing of moulds akin to processing goods, justifying the lower tax rate of 55%.3. The court's decision hinged on whether the assessee's activities fell within the ambit of 'processing of goods' under the Act. By reshaping and polishing moulds for resale, the assessee transformed raw materials into marketable products, aligning with the Act's definition of industrial activities. The court affirmed the Tribunal's ruling, deeming the assessee eligible for the lower tax rate as an industrial company. Consequently, the questions of law were answered affirmatively in favor of the assessee, concluding the judgment without cost implications.