2019 (11) TMI 869 - AT - Income Tax

Tribunal directs reexamination of manufacturing process for tax assessment, emphasizing new industrial undertaking.

Thermax Surface Coatings Limited. (Now known as Thermax Sustainable Energy Solutions Limited.) Versus The Deputy Commissioner of Income Tax, Circle-10, Pune.

Thermax Surface Coatings Limited. (Now known as Thermax Sustainable Energy Solutions Limited.) Versus The Deputy Commissioner of Income Tax, Circle-10, ... Issues:Appeal against rejection of deduction u/s.80-IA of the Income Tax Act for profits from new industrial undertaking of manufacturing surface coating systems.Analysis:The judgment involves two appeals by a common assessee challenging the rejection of deduction u/s.80-IA for profits from a new industrial undertaking. The Tribunal had previously remanded the issue to the Assessing Officer for fresh adjudication. The Department argued that the assessee did not set up a new industrial undertaking for manufacturing surface coating systems. The Assessing Officer denied the deduction citing reasons like lack of fresh capital investment, outsourcing of manufacturing works, and failure to prove satisfaction of Section 80-IA conditions. The Tribunal directed the issue back to the Assessing Officer for proper verification.In the first round of litigation, the Assessing Officer concluded that most manufacturing works were outsourced, leading to the denial of the deduction. The Ld. CIT(Appeals) rejected the claim based on the assessment that the assessee only made minor modifications to existing products, thus rendering them ineligible for the deduction. The Tribunal analyzed the facts and found discrepancies in the Assessing Officer and Ld. CIT(Appeals) decisions. The assessee was engaged in designing, fabricating, and assembling industrial painting systems, constituting a new industrial undertaking. The Tribunal emphasized that the manufacturing process involved various activities integral to the overall manufacturing process, even if some components were bought out or fabricated elsewhere under the assessee's supervision.The Tribunal noted that the Ld. CIT(Appeals) did not provide detailed reasoning for rejecting the Assessing Officer's analysis or explain why the surface coating systems were considered a reconstruction of the existing business. The lack of specific reasoning and a speaking order necessitated a detailed factual analysis and verification, prompting the Tribunal to set aside the Ld. CIT(Appeals) orders for both assessment years. The cases were remanded for further adjudication, emphasizing the importance of following natural justice principles and expediting the process due to the cases' age.In conclusion, the Tribunal allowed both appeals of the assessee for the assessment years 1995-96 and 1997-98 solely for statistical purposes, directing the Ld. CIT(A) to reexamine the cases with detailed analysis and adherence to legal principles.Order pronounced on 15th day of November, 2019.