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Issues: (i) Whether unabsorbed investment allowance brought forward from earlier years could be deducted while computing business profits for deduction under section 80HHC; (ii) whether disallowance under Rule 6B was sustainable in respect of gifted articles without logo; (iii) whether interest receipts from deposits, margin money, loans to employees, and fixed deposits formed part of business income for deduction under section 80-I.
Issue (i): Whether unabsorbed investment allowance brought forward from earlier years could be deducted while computing business profits for deduction under section 80HHC.
Analysis: The formula under section 80HHC is applied to business profits computed under the head 'profits and gains of business or profession', but the treatment of unabsorbed investment allowance is specifically governed by section 32A(3)(ii). That provision directs carry forward of the balance allowance to subsequent years so as to reduce the total income of the assessee, not merely the business profits. The statutory scheme also shows that the Legislature treated unabsorbed depreciation differently by expressly allowing it to enter the next year's depreciation allowance. On that footing, unabsorbed investment allowance could not be set off against business profits for section 80HHC computation.
Conclusion: The issue was decided in favour of the assessee, and the unabsorbed investment allowance could not be deducted while computing business profits for section 80HHC.
Issue (ii): Whether disallowance under Rule 6B was sustainable in respect of gifted articles without logo.
Analysis: The disallowance was covered by the view that no such disallowance can be made where the articles gifted do not bear the logo. The record showed that the gifted articles did not carry any logo, and therefore the foundational requirement for disallowance was absent.
Conclusion: The issue was decided in favour of the assessee, and the disallowance under Rule 6B was deleted.
Issue (iii): Whether interest receipts from deposits, margin money, loans to employees, and fixed deposits formed part of business income for deduction under section 80-I.
Analysis: Interest linked with deposits with the State Electricity Board and margin money with the bank had the requisite business nexus and was includible in the income of the industrial undertaking. Interest from deposits with a foundry and machine works concern, fixed deposits, and loans to employees lacked nexus with the industrial activity and was rightly excluded. The claim was therefore allowable only to the limited extent of the two items having direct business connection.
Conclusion: The issue was partly decided in favour of the assessee, and only the interest on the MSEB deposit and bank margin money was includible for section 80-I purposes.
Final Conclusion: The assessee succeeded on the principal legal question regarding unabsorbed investment allowance and also obtained partial relief on the remaining claims, resulting in partial allowance of the appeal.
Ratio Decidendi: Unabsorbed investment allowance carried forward under section 32A(3)(ii) is set off against total income in subsequent years and cannot be deducted while computing business profits for the purpose of section 80HHC.
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