1982 (1) TMI 12 - HC - Income Tax

Summary

Issues Involved:
1. Interpretation of entry (2) of the Fifth Schedule to the Income-tax Act, 1961.
2. Entitlement to relief u/s 80E and 80-I of the Income-tax Act, 1961.
3. Nature of cash assistance received from the Government - whether it constitutes revenue receipt or capital receipt.

Summary:

Issue 1: Interpretation of entry (2) of the Fifth Schedule to the Income-tax Act, 1961
The Tribunal held that the expression "aluminium" in entry (2) of the Fifth Schedule denotes merely the aluminium metal and not aluminium articles. This interpretation was affirmed by the High Court for both assessment years 1967-68 and 1968-69, referencing the decision in Incometax Reference No. 78 of 1976 (Jeewanlal (1929) Ltd. v. CIT).

Issue 2: Entitlement to relief u/s 80E and 80-I of the Income-tax Act, 1961
The Tribunal concluded that the business of manufacture and sale of aluminium articles could not be considered a priority industry within the meaning of section 80E read with entry (2) of the Fifth Schedule. Consequently, the assessee-company was not entitled to relief u/s 80E for the assessment year 1967-68 and u/s 80-I for the assessment year 1968-69. This conclusion was upheld by the High Court, aligning with the previous judgment in Incometax Reference No. 78 of 1976.

Issue 3: Nature of cash assistance received from the Government
The Tribunal was divided on whether the cash assistance received from the Government constituted a revenue receipt or a capital receipt. The judicial Member viewed the cash assistance as a non-trading receipt given in the larger interests of the country, while the Accountant Member considered it a trading receipt linked to the assessee's export business. The third Member, the Vice President of the Tribunal, agreed with the Accountant Member, concluding that the cash assistance was a revenue receipt. The High Court affirmed this majority view, stating that the cash assistance was incidental to and supplemental to the trading receipts, thus constituting revenue receipts.

Conclusion:
The High Court answered all questions in the affirmative and in favor of the Revenue. The court also granted a certificate u/s 261 of the I.T. Act, 1961, for leave to appeal to the Supreme Court, recognizing the importance of the questions involved.