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Addl. Commissioner of Income-tax, Bombay City-i Vs. Aniline Dyestuffs and Pharmaceuticals P. Ltd. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtMumbai High Court
Decided On
Case NumberIncome-tax Reference No. 105 of 1972
Judge
Reported in(1982)27CTR(Bom)222; [1982]138ITR843(Bom); [1982]8TAXMAN89(Bom)
ActsIncome Tax Act, 1961 - Sections 37
AppellantAddl. Commissioner of Income-tax, Bombay City-i
RespondentAniline Dyestuffs and Pharmaceuticals P. Ltd.
Excerpt:
- .....of rs. 21,117, being the interest paid by the assessee on the capital borrowed by it for the thana project computing the income of the assessee for the assessment year 1968-69 ?'2. the assessee-company is private limited company engaged in the manufacture of dyestuffs. we are concerned with the assessment year 1968-69 for which the corresponding accounting year is the year ended 31st march, 1968. the assessee-company had started a new industrial undertaking (hereinafter described as 'thana project') for manufacture of dyes (intermediates) for which purpose it had already purchased land at thana. the factory building was under construction and the machinery was under installation. the new project was for the purpose of manufacture of dyes (intermediates) required for the manufacture.....
Judgment:

S.K. Desai, J.

1. In this reference, which is at the instance of the Commissioner of Income-tax and made by the Income-tax Appellate Tribunal Bombay Bench 'D', the following question of law stands referred to us :

'Whether, on the facts and in the circumstances of the case, the Tribunal erred in allowing deduction of Rs. 21,117, being the interest paid by the assessee on the capital borrowed by it for the Thana project computing the income of the assessee for the assessment year 1968-69 ?'

2. The assessee-company is private limited company engaged in the manufacture of dyestuffs. We are concerned with the assessment year 1968-69 for which the corresponding accounting year is the year ended 31st March, 1968. The assessee-company had started a new industrial undertaking (hereinafter described as 'Thana project') for manufacture of dyes (intermediates) for which purpose it had already purchased land at Thana. The factory building was under construction and the machinery was under installation. The new project was for the purpose of manufacture of dyes (intermediates) required for the manufacture of dyestuffs. These intermediate were hitherto purchased by the assessee-company in the market.

3. In the reference we are concerned with an amount of Rs. 21,177 paid as interest by the assessee to the Bank of Baroda. It was admitted before the ITO that the Thana Project had not gone into production. the ITO accordingly, held that the 'intermediates' business had not yet started. Accordingly, the ITO disallowed the interest paid to the Bank of Baroda. The assessee carried the matter to the AAC and relied on the decision of this court in Calico Dyeing and Printing Works v. CIT : [1958]34ITR265(Bom) . The AAC was of the opinion that the said case had no application. The AAC opined that the assessee was setting up a new industrial undertaking which could not be considered a part and parcel of the original business of the assessee. It was an independent venture. Accordingly, he confirmed the order of the ITO and dismissed the appeal.

4. The assessee, thereafter, came in second appeal to the Tribunal. The Tribunal observed that the facts of the present case were fully covered by the decision in Calico Dyeing's case : [1958]34ITR265(Bom) .

5. In our opinion, the view taken by the Tribunal is correct. It is not possible to hold that this is a separate and entirely new undertaking which is to be regarded as something different - a totally independent venture unconnected with existing business of the assessee. It is clear that the AAC had totally misunderstood the ratio of the decision of this court in Calico Dyeing's case : [1958]34ITR265(Bom) .

6. Accordingly, the question referred to us is answered as follows :

In our opinion, the Tribunal was right in allowing the deduction of Rs. 21,117. The answer is accordingly in favour of the assessee.

7. Parties to bear their own costs of the reference.


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