1981 (10) TMI 25 - HC - Income Tax

High Court: Straw-board and kraft paper qualify as 'paper' for tax deduction under section 80-I.

The High Court held that both straw-board and kraft paper are encompassed within the term 'paper' in item 16 of the Sixth Schedule of the Income-tax Act, ... Priority Industry, Taxing Statute Issues Involved:1. Entitlement to deduction u/s 80-I of the Income-tax Act, 1961, for straw-board and kraft paper.2. Interpretation of the term 'paper' in item 16 of the Sixth Schedule of the Income-tax Act, 1961.Summary:Issue 1: Entitlement to Deduction u/s 80-I for Straw-board and Kraft PaperThe Tribunal initially denied the deduction u/s 80-I to the assessee, a public limited company engaged in manufacturing straw-board and kraft paper, on the grounds that straw-board was not a 'priority industry' as defined in the Income-tax Act, 1961. The AAC reversed this decision, granting the relief. The Revenue appealed, and the Tribunal upheld the Revenue's view, stating that straw-board did not qualify as 'paper' under item 16 of the Sixth Schedule. The Tribunal also found that the manufacture of kraft paper did not justify the claim for deduction.Issue 2: Interpretation of the Term 'Paper'The High Court examined the legislative history of sections 80E and 80-I, noting that both sections allowed deductions for profits from industries producing items listed in the relevant schedules. The court referred to the decision in CIT v. Straw-Board Mfg. Co. Ltd. [1975] 98 ITR 78 (P & H), which held that straw-board was included in the term 'paper' for the purposes of s. 80E. The High Court criticized the Tribunal for relying on dictionary definitions rather than the common parlance test established in Ramavatar Budhaiprasad v. Asst. STO [1961] 12 STC 286 (SC).The High Court emphasized that in tax matters, if two interpretations are possible, the one favorable to the assessee should be adopted. The court also highlighted the importance of judicial consistency, especially in income-tax matters governed by all-India statutes. The court found no compelling reason to deviate from the Punjab and Haryana High Court's decision in Straw-Board Mfg. Co. Ltd., which had persuasive value.The High Court dismissed the Revenue's reliance on Supreme Court decisions in State of Uttar Pradesh v. Kores (India) Ltd. [1977] 39 STC 8 (SC) and Maharaja Book Depot v. State of Gujarat, AIR 1979 SC 180, stating that these cases did not undermine the common parlance test or the inclusive interpretation of 'paper.'Conclusion:The High Court concluded that both straw-board and kraft paper are covered by the term 'paper' in item 16 of the Sixth Schedule. Therefore, the assessee is entitled to the deduction u/s 80-I. The question referred was answered in the negative, against the Revenue and in favor of the assessee. The Commissioner was ordered to pay the costs of the reference to the assessee.