THE COMMISSIONER OF INCOME TAX vs. JIKAR A SAIYED
What did the High Court hold?
The High Court held that the Appellate Tribunal was right in allowing deduction under Section 80IB for the income from the sale of scrap. The Court applied the ratio laid down in the case of Harjivandas Juthabhai Zaveri and Anr. (supra) by the Gujarat High Court, which held that items like sale of empty soda ash bardans (jute bags) are directly connected with the manufacturing activities of the assessee and should be allowed. The Court also referred to the Delhi High Court's decision in CIT vs. Sadhu Forging Limited (supra), which held that the receipt of sale of scrap is a part and parcel of industrial activity and therefore, deduction under Section 80IB is allowable. The Court reasoned that the manufacturing activity inherently generates scrap, and receipts from its sale are proximate to and part of the industrial undertaking's gains, thus qualifying for deduction under Section 80IB. The substantial question of law was answered against the revenue.
What were the facts?
The assessee, Jikar A Saiyed, engaged in manufacturing cardboard boxes, filed a return for AY 2001-02 declaring a total income of Rs. 21,34,149 and agricultural income of Rs. 1,92,558. The assessee also earned Rs. 3,20,508 from the sale of scrap. The Assessing Officer disallowed deduction under Section 80IB on this scrap income, holding it was not directly derived from the industrial undertaking. The CIT(A) deleted this disallowance. The revenue appealed to the ITAT, which dismissed the appeal, confirming the CIT(A)'s order. The revenue has now filed a Tax Appeal before the High Court against the ITAT's order.
What were the issues?
1. Whether, on the facts and circumstances of the case and in law, the Appellate Tribunal was right in holding that deduction under Section 80IB is allowable from the income from the sale of scrap? Assessee's Contentions: The assessee argued that the income from the sale of scrap is derived from the industrial undertaking. They relied on the decision of the Gujarat High Court in DCIT vs. Harjivandas Juthabhai Zaveri & Anr. (258 ITR 785) and the Delhi High Court in CIT vs. Sadhu Forging Limited ((2011) 336 ITR 444). The assessee contended that if the industrial activity was not undertaken, there would be no scrap. The sale of scrap is a direct consequence of the manufacturing activity. Revenue's Contentions: The revenue contended that only profits directly derived from the business of the industrial undertaking are allowable for deduction under Section 80IB. They argued there was no direct nexus between the profits and gains from the sale of scrap and the industrial undertaking, as the sale of scrap is not derived from the manufacturing activity itself.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH)
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.03.2007 passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as the “ITAT”) in ITA No.2816/AHD/2003 for AY 200102, the revenue has preferred the present Tax Appeal to consider the following substantial question of law. “Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in holding that deduction u/s 80IB is allowable from the income from sale of scrap?”
That the assessee filed return of income for AY 200102 declaring total income at Rs.21,34,149/ and agricultural income of Rs. 1,92,558/. That the assessee is manufacturing card board boxes of various sizes and supplies the same to various parties. During the year, the appellant had also earned income from sale of scrap to the tune of Rs. 3,20,508/ In spite of the said income from sale of scrap the Assessing Officer held that only such profits which are directly derived from the business of Industrial undertaking shall be allowable under the deduction under Section 80IB of the Act. The Assessing Officer also observed and held that there was no direct nexus between the profits and gains and the industrial undertaking, accordingly the Assessing Officer has held that the sale of scrap is not derived from the manufacturing activity and is therefore, not entitled to deduction under Section 80IB of the Act.
Feeling aggrieved and dissatisfied with the order passed by the Assessing Officer in making deduction under Section 80IB of Rs.3,20,508/ , the same being related to sale of scrap being an amount not eligible for deduction under Section 80IB on the ground that the same is not an income derived by the assessee from the industrial undertaking, the assessee preferred appeal before the learned CIT(A) and by order dated 28.03.2003 the learned CIT(A) allowed the said appeal deleting the disallowance of deduction under Section 80IB of Rs. 3,20,508/. 2. 2. Feeling aggrieved and dissatisfied with the order passed by the CIT(A) in making deletion of disallowance of deduction under Section 80IB of Rs.3,20,508/, the same being related to scrap, the revenue preferred appeal before the learned ITAT and by impugned judgment and order relying upon the decision of the Division Bench of this Court in the case DCIT vs. Harjivandas Juthabhai Zaveri & Anr reported in 258 ITR 785 (Guj), the learned ITAT has dismissed the said appeal confirming the order passed by the learned CIT(A) deleting the disallowance of the deduction under Section 80IB of Rs.3,20,508/.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned ITAT, the revenue has preferred the present Tax Appeal to consider the following the substantial question of law. “Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in holding that deduction u/s 80IB is allowable from the income from sale of scrap?”
Heard Shri Sudhir Mehta, learned advocate for the revenue and Shri B.D. Karia, learned advocate appearing for Shri R.K. Patel, learned advocate for the assessee.
The short question which is posed for consideration of this Court is whether on the facts and circumstances of the case and in law the Appellate Tribunal is right in holding that the deduction under Section 80IB is allowable from the income from sale of scrap ? It is also required to be noted at this stage that while passing the impugned judgment and order, the learned ITAT has relied upon the decision of the juri ictional High Court in the case of Harjivandas Juthabhai Zaveri and Anr (supra). In the case of Harjivandas Juthabhai Zaveri and Anr (supra) while answering the question whether the Appellate Tribunal is right in law and on facts in allowing deduction under Section 80IB of the Act on the items (i) Job work receipt, (ii) sale of empty soda ash bardana, (iii) sale of empty barrels and (iv) sale of plastic waste. The Division Bench has observed and held as under: “So far as question No. 5 is concerned, learned counsel Mr. Soparkar drew our attention to section 80.I of the Act and submitted that this section is meant for deduction in respect of profit and gains from industrial undertakings. With regard to the question raised by the Revenue that the amount received on sale of jute bags, barrel etc. ought to have been deducted from the cost of the material, Mr. Soparkar, learned advocate for the assessee submitted that it would not make any difference if the amount received by the sale of empty barrel or ‘bardan’ (jute bags) is deducted from the cost of the raw material. He submitted that if the cost is reduced by deducting the sum so received, the profit will increase and ultimately, the total would be the same. He submitted that the Commissioner of Income Tax (Appeals) and the Tribunal has rightly come to the conclusion that the items covered by question No. 5 are covered by section 80.I of the Act inasmuch the amount received can be said to have been received from the activities undertaken by the Assessee. He submitted that no question of law is raised, more particularly, when a Division Bench of this Court in Income Tax Application No. 70 of 1997 had considered a similar question and held that “it was, however, found that the items of kasar and sale of empty soda ash bardans, as directly connected with the manufacturing activities of the assessee and should be allowed”. It is required to be noted that if the Assessee was not engaged in industrial activities, there was no question of empty barrels or bardans. Instead of manufacturing if the assessee was doing trading activities I.e. dealing in raw material and if the assessee had sold the material on retail basis and earned amount by sale of bardans, then obviously this section will not apply.” 5.0. manufacturing process. The activity of forging was “manufacturing” within the ambit of section 80IB. It was immaterial that the assessee was doing the job of forging also for customers and was charging them on job work basis or on the basis of labour charges. It would still be qualified as carrying on eligible business under Section 80IB. The activities of the assessee were in giving heat treatment for which it had earned labour charges and job work charges. It could thus be said that the assessee had done a process on the raw material which was nothing but a part and parcel of the manufacturing process of the industrial undertaking. These receipts could not be said to be independent income of the manufacturing activities of the undertaking of the assessee and thus could not be excluded from the profits and gains derived from the industrial undertaking for the purpose of computing deduction under Section 80IB. These were gains derived from the industrial undertaking and so entitled for the purpose of computing deduction under Section 80IB. There could not be any two opinions that manufacturing activity of the type of material being undertaken by the assessee would also generate scrap in the process of manufacturing. The receipts from sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from the industrial undertaking for the purpose of computing deduction under Section 80 IB.
Applying the ratio / law laid down by this Court in the case of Harjivandas Juthabhai Zaveri and Anr (supra) as well as Delhi High Court in the case of Sadhu Forging Ltd (supra), to the facts of the case on hand, it cannot be said that the learned Tribunal has committed any error in holding that the deduction under Section 80IB of the Act is allowable for the income from sale of scrap. Under the circumstances, substantial question of law raised is answered against the revenue. Hence, present appeal deserves to be dismissed and is accordingly dismissed. (M.R.SHAH, J.) (R.D.KOTHARI, J.) Kaushik
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