2018 (5) TMI 746 - AT - Income Tax

Tribunal Upholds Deduction Claim for Tea Manufacturing Expansion

D.C.I.T, Cir-4 (2), Kolkata Versus M/s. The Bormah Jan Tea Co. (1936) Ltd.

The Tribunal upheld the Commissioner of Income Tax (Appeals) decision, allowing the assessee to claim a deduction under section 80IE of the Income Tax Act ... Entitlement to claim deduction u/s. 80IE - AO taking into consideration the assessment order for A.Y 2010-11 being initial Assessment Year held no substantial expansion has been taken as per section 80IE - Held that:- We find that the A.Y 2010-11 [2018 (2) TMI 1143 - ITAT KOLKATA] is held to be initial assessment year and the Co-ordinate Bench of this Tribunal held that the assessee is entitled to get deduction at 100% u/s. 80IE of the Act - Decided against revenue Issues:Whether the assessee is entitled to claim deduction u/s. 80IE of the Act for the Assessment Year 2012-13.Detailed Analysis:1. The primary issue in this case is to determine whether the assessee is justified in claiming a deduction under section 80IE of the Income Tax Act for the Assessment Year 2012-13. The Assessing Officer (AO) initially denied the claim of deduction based on the assessment order for the previous year, where it was held that no substantial expansion had been undertaken as required by section 80IE of the Act.2. The Commissioner of Income Tax (Appeals) [CIT-A] allowed the deduction by following the precedent set in the assessee's own case for the previous year. The CIT-A considered the appellant's submissions and the assessment order, concluding that the appellant had undertaken substantial expansion for manufacturing tea, making them eligible for the deduction under section 80IE.3. The Revenue challenged the CIT-A's decision, arguing that the AO's order should be upheld. However, the Tribunal upheld the CIT-A's decision, citing the precedent set in the assessee's case for the previous year. The Tribunal found that the assessee was entitled to claim the deduction at 100% under section 80IE of the Act for the initial assessment year.4. The Tribunal further analyzed the issue by considering the distinction between the growing and manufacturing processes in the tea business. The Tribunal found that the water supply system and irrigation system, which were not part of the manufacturing process, should not be considered for calculating the deduction under section 80IE. Therefore, the Tribunal upheld the CIT-A's decision and dismissed the grounds raised by the Revenue.5. In conclusion, the Tribunal upheld the order of the CIT-A, stating that the assessee was justified in claiming the deduction under section 80IE of the Act for the Assessment Year 2012-13. The appeal of the Revenue for the said year was dismissed by the Tribunal.