Commissioner of Income Tax vs Avery Cycle Industries (P.) Ltd. (No. 1)

Gokal Chand Mital, J.—The Income Tax Appellate Tribunal, Amritsar, has forwarded the following joint question for the assessment years 1974-75 and 1975-76 for the opinion of this court:

"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the proportionate deduction in respect of Section 80G of the Income Tax Act, 1961, amounting to Rs. 1,58,270 given to the assessee-company in its Income Tax assessment for the year 1974-75 and to Rs. 4,17,696 in its Income Tax assessment for the year 1975-76 could not be taken into consideration for reduction in the capital employed under Rule 4 of the Second Schedule to the Companies (Profits) Surtax Act, 1964 ?"

The interpretation and scope of Section 80G of the Income Tax Act, 1961, arose for the purpose of finding out whether the Tribunal was right in allowing proportionate deduction for the two assessment years. The precise question of law came up for consideration before the Kerala High Court in Commissioner of Income Tax Vs. Premier Cotton Spinning Mills Ltd., and COMMISSIONER OF Income Tax Vs. TRAVANCORE ELECTRO CHEMICAL INDUSTRIES LTD. (VICE VERSA)., . On the basis of interpretation and scope of the provisions of Section 80G of the Income Tax Act, it was held that the assessee was entitled to proportionate deductions.

We have gone through both the aforesaid decisions and are of the opinion that the interpretation and the reasoning given by the High Court is correct. Accordingly, we adopt the reasoning given by the Kerala High Court for the interpretation and scope of Section 80G and answer the question referred in the affirmative, i.e., against the Revenue. However, the parties are left to bear their own costs.