2016 (9) TMI 156 - HC - Income Tax

Court includes Section 10B turnover in Section 80HHC deductions, Assessing Officer to recalculate income

M/s Mahavir Spinning Mills Ltd Versus Commissioner of Income Tax, Ludhiana and another

M/s Mahavir Spinning Mills Ltd Versus Commissioner of Income Tax, Ludhiana and another - [2017] 391 ITR 290 Issues Involved:1. Interpretation of Section 80HHC of the Income Tax Act, 1961 regarding inclusion of export turnover of units exempt under Section 10B.2. Consideration of a co-ordinate Bench's decision on the issue.Detailed Analysis:Issue 1: Interpretation of Section 80HHC regarding inclusion of export turnover of units exempt under Section 10BThe appellant-assessee availed benefits under Section 10B of the Income Tax Act, 1961. The primary legal question was whether the export turnover of a unit exempt under Section 10B should be included in the 'export turnover' for calculating deductions under Section 80HHC.Relevant Provisions:- Section 10B(1): Profits and gains from a 100% export-oriented undertaking are not included in the total income of the assessee.- Section 10B(4)(iii): No deduction is allowed under certain sections (e.g., 80HH, 80HHA, 80-I, 80-IA) in relation to the profits and gains of the undertaking.- Section 80HHC(1): Allows a deduction in computing the total income of the assessee, derived from the export of goods or merchandise.- Section 80HHC(3): Provides the formula for computing profits derived from exports.- Explanation (ba) to Section 80HHC: Defines 'total turnover' and excludes certain sums but does not mention Section 10B benefits.Court's Findings:1. Plain Language Interpretation: The definition of 'total turnover' in Section 80HHC does not warrant the exclusion of benefits under Section 10B.2. Section 10B vs. Section 80HHC: Section 10B(4)(iii) does not refer to Section 80HHC, indicating that the legislature did not intend to deny deductions under Section 80HHC to assessees who availed benefits under Section 10B.3. Circular from C.B.D.T.: The circular dated 16.12.1998 suggests that Section 10B was introduced to provide a further incentive, not a replacement for Section 80HHC.4. Legislative Intent: The absence of Section 80HHC in the list of exclusions under Section 10B(4)(iii) implies that the legislature did not intend to preclude deductions under Section 80HHC for units availing Section 10B benefits.Supporting Judgments:1. Delhi High Court in Commissioner of Income Tax v. M/s Dabur India Ltd.: Held that export turnover from units in Export Promotion Zones (EPZ) should not be excluded when computing deductions under Section 80HHC.2. Madras High Court in Commissioner of Income Tax v. Ambatture Clothing Ltd.: Concluded that there was no prohibition for claiming deductions under Section 80HHC while availing benefits under Section 10A.3. Bombay High Court in Commissioner of Income Tax v. M/s Hindustan Lever Ltd.: Affirmed that net foreign exchange realization from exports should be considered for deductions under Section 80HHC, even if benefits under Section 10A were claimed.Conclusion on Issue 1:The court concluded that the export turnover of units exempt under Section 10B should be included in the 'export turnover' for calculating deductions under Section 80HHC. The Tribunal's decision to exclude such turnover was incorrect.Issue 2: Consideration of a co-ordinate Bench's decisionThe second question regarding the Tribunal's failure to consider a co-ordinate Bench's decision was deemed irrelevant as the court decided the primary question of law independently.Final Judgment:The first question of law was answered in the affirmative in favor of the appellant. The Tribunal's order was set aside, and the Assessing Officer was directed to compute the assessee's income accordingly.