Facts of the Case

The assessee, M/s Dharam Pal Prem Chand Ltd., was engaged in the manufacture of flavoured chewing tobacco and Kiwam. It had manufacturing units at Barotiwala (Himachal Pradesh) and Agartala (Tripura).

The Agartala unit was entitled to excise duty exemption under Government Notifications No. 32/99-CE, 33/99-CE and 48/99-CE. Under the prescribed mechanism, the assessee was required to first pay excise duty while clearing goods from its bonded warehouse and thereafter claim refund of such duty in the succeeding month.

For Assessment Year 2000-01, the assessee claimed deduction under Section 80-IB by including excise duty refund amounting to Rs. 2,61,92,386 received in respect of its Agartala unit.

The Assessing Officer held that excise duty refund was not income derived from the industrial undertaking and consequently disallowed the deduction under Section 80-IB.

The Commissioner of Income Tax (Appeals) and subsequently the Income Tax Appellate Tribunal allowed the assessee’s claim. Aggrieved by the Tribunal’s order, the Revenue preferred an appeal before the Delhi High Court.

Issues Involved

  1. Whether excise duty refund received by the assessee formed part of profits and gains eligible for deduction under Section 80-IB of the Income Tax Act, 1961.
  2. Whether the refund of excise duty could be regarded as income derived from the business of the industrial undertaking.
  3. Whether allowing deduction under Section 80-IB on excise duty refund would result in double benefit to the assessee.

Petitioner’s (Revenue’s) Arguments

  • The Revenue contended that excise duty refund did not have a direct nexus with the manufacturing activity of the industrial undertaking.
  • It was argued that the source of refund was the Government notifications granting exemption and not the business activity of the undertaking.
  • Therefore, the refund could not be treated as profits and gains derived from the industrial undertaking.
  • The Revenue further argued that allowing deduction under Section 80-IB on such refund would amount to granting double benefit to the assessee.
  • Reliance was placed upon:
    • Commissioner of Income Tax v. Sterling Foods (237 ITR 579)
    • Cambay Electric Supply Industrial Co. Ltd. v. CIT (113 ITR 84)
    • Pandian Chemicals Ltd. v. CIT (262 ITR 278)
    • CIT v. Ritesh Industries Ltd. (274 ITR 324)
    • CIT v. Vishwanathan & Co. (261 ITR 737)
    • CIT v. J.B. Exports Ltd. (286 ITR 603)
    • Liberty India v. CIT (293 ITR 520)

Respondent’s (Assessee’s) Arguments

  • The assessee submitted that payment and refund of excise duty formed part of a single exemption mechanism.
  • The refund arose directly from manufacturing activities carried on at the eligible industrial undertaking.
  • The accounting treatment adopted by the assessee resulted in a net effect of nil because duty paid was subsequently refunded.
  • It was argued that excise duty refund represented reimbursement of the assessee’s own funds and could not be excluded while computing eligible profits.
  • Reliance was placed upon:
    • CIT v. Eltek SGS Pvt. Ltd. (300 ITR 6)
    • CIT v. Five Star Rugs (293 ITR 553)
    • CIT v. India Gelatine & Chemicals Ltd. (275 ITR 284)
    • Liberty India v. CIT (293 ITR 520)

Court Findings

The Delhi High Court upheld the orders passed by the CIT(A) and the Income Tax Appellate Tribunal and dismissed the Revenue’s appeal.

The Court observed:

  • The exemption notifications were intrinsically linked with manufacturing activity carried out in eligible industrial units.
  • The refund mechanism merely required the assessee to first pay excise duty and thereafter receive reimbursement.
  • The immediate and effective source of refund was the manufacturing activity undertaken by the assessee in the notified area.
  • The accounting entries adopted by the assessee resulted in a net effect of nil, as duty paid was subsequently refunded.
  • The refund represented the assessee’s own money and therefore could not be excluded while computing profits eligible for deduction under Section 80-IB.
  • The Revenue failed to establish any perversity in the findings recorded by the lower authorities.

The Court further distinguished several judgments relied upon by the Revenue on the ground that those decisions were rendered in different factual and statutory contexts.

Court Order

  • Appeal filed by the Revenue was dismissed.
  • Order of the Income Tax Appellate Tribunal was upheld.
  • Excise duty refund was held eligible for inclusion in profits and gains for the purpose of deduction under Section 80-IB.
  • No substantial question of law arose for consideration.

Important Clarification by the Court

The Court specifically held that the language of Section 80-IB differs materially from provisions considered in earlier judgments such as Sterling Foods, Pandian Chemicals, Ritesh Industries and J.B. Exports.

Under Section 80-IB, deduction is available in respect of “profits and gains derived from any business”, which is wider in scope than the expression “profits and gains derived from an industrial undertaking”.

The Court endorsed the view taken in CIT v. Eltek SGS Pvt. Ltd. and held that for claiming deduction under Section 80-IB, strict application of the direct nexus or proximity test is not necessary.

Sections Involved

  • Section 80-IB, Income Tax Act, 1961
  • Section 260A, Income Tax Act, 1961
  • Section 143(1)(a), Income Tax Act, 1961
  • Section 143(2), Income Tax Act, 1961
  • Notification No. 32/99-CE dated 08.07.1999
  • Notification No. 33/99-CE dated 08.07.1999
  • Notification No. 48/99-CE (NT) dated 08.07.1999
  • Central Excise Act, 1985
  • Central Excise Rules, 1944

Link to download the order -

https://delhihighcourt.nic.in/app/case_number_pdf/2008:DHC:3137-DB/RAS27112008ITR14412006.pdf

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