2008 (10) TMI 6 - SC - Income Tax

Ship-breaking treated as industrial undertaking; deductions under Sections 80-HH and 80-I allowed; no TDS under Section 195(1)

Vijay Ship Breaking Corpn. & Ors. Versus Commnr. of Income Tax, Ahmedabad

SC held that ship-breaking constituted an industrial undertaking producing distinct articles, so deductions under Sections 80-HH and 80-I were allowable ... Entitlement to deduction under Sections 80-HH and 80-I - Usance interest paid for purchase of the vessel for ship breaking - TDS - HELD THAT:- Deduction applies only to an industrial undertaking which fulfils certain conditions, namely, that the industrial undertaking must be involved in the activity of 'manufacturing or producing articles'. It is this expression in clause (i) of sub-section (2) of Section 80HH which arises for consideration before us in this case. We are of the view that the Tribunal in the present case was right in allowing the deduction under Sections 80HH and 80I to the assessee holding that the ship breaking activity gave rise to the production of a distinct and different article. Accordingly, the said question is answered in favour of the assessee and against the Department. Deduct TDS under Section 195(1) - The assessee was not bound to deduct tax at source once Explanation-2 to Section 10(15)(iv)(c) stood inserted as TDS arises only if the tax is assessable in India. Since tax was not assessable in India, there was no question of TDS being deducted by the assessee. Therefore, question No.2 is answered in favour of the assessee and against the Department. Accordingly, Civil Appeals filed by the assessee(s) are allowed and Civil Appeal filed by the Department is dismissed Issues:1. Entitlement to deduction under Sections 80-HH and 80-I of the Income Tax Act for ship breaking activity.2. Characterization of 'usance interest' as purchase price and liability for deduction at source under Section 195(1) of the Income Tax Act.Analysis:Issue 1: Entitlement to Deduction under Sections 80-HH and 80-I:The Supreme Court examined whether the appellant-assessee was eligible for deductions under Sections 80-HH and 80-I of the Income Tax Act for the ship breaking activity. The Court noted that Section 80HH provides for deductions in case of profits from industrial undertakings, subject to certain conditions. The key consideration was whether the ship breaking activity constituted 'production' of new goods, as required by the statute. The Court disagreed with the Gujarat High Court's interpretation that ship breaking did not result in the production of new goods. It referenced a Bombay High Court case which affirmed that ship breaking led to the production of distinct articles, differentiating 'production' from 'manufacture'. The Court emphasized that 'production' has a broader meaning and does not necessarily require the creation of entirely new goods. Relying on prior judgments, the Court concluded that the ship breaking activity qualified as production, entitling the assessee to deductions under Sections 80HH and 80I.Issue 2: Characterization of 'Usance Interest' and TDS Liability:The second issue revolved around whether 'usance interest' paid for the purchase of a vessel for ship breaking should be subject to Tax Deducted at Source (TDS) under Section 195(1) of the Income Tax Act. The dispute centered on whether the interest should be treated as part of the purchase price, exempting it from TDS. The Court highlighted that subsequent to the impugned judgment, an amendment was made to the Income Tax Act, clarifying that usance interest for ship breaking activities was exempt from income tax. This amendment rendered the question of TDS liability moot, as the interest was no longer assessable in India. Consequently, the Court ruled in favor of the assessee, stating that TDS was not required as per the amended provision. The Court dismissed the Civil Appeal filed by the Department, allowing the appeals by the assessee(s) and directing no costs to be paid.In conclusion, the Supreme Court's judgment clarified the eligibility of the appellant for deductions under Sections 80HH and 80I for ship breaking activities and resolved the controversy regarding TDS liability on 'usance interest' in favor of the assessee based on the subsequent legislative amendment exempting such interest from income tax.