Facts of the Case
The Petitioner, Swarovski India Pvt. Ltd., was engaged in
manufacturing imitation pearls and trading crystal-related products in India.
It operated two units—one at Pune and one at Delhi.
The Pune unit was a 100% Export Oriented Unit engaged in
coating raw beads and producing commercially marketable goods, while the Delhi
unit was engaged in importing and trading crystal products.
For Assessment Year 2007–08, the Petitioner filed its return
declaring losses after claiming deduction under Section 10B for its Pune unit.
The case was scrutinized, referred to the Transfer Pricing Officer, and a final
assessment under Section 143(3) was completed, granting the deduction.
Subsequently, the Assessing Officer first initiated rectification proceedings under Section 154 and thereafter issued reassessment notice under Section 148 on the ground that income had escaped assessment, alleging wrongful deduction under Section 10B. The Assessee challenged the reopening before the Delhi High Court.
Issues Involved
- Whether
reassessment under Sections 147/148 can be initiated after four years
without any failure by the assessee to disclose material facts?
- Whether
deduction under Section 10B is to be allowed undertaking-wise or after
adjusting losses of non-eligible units?
- Whether
the Pune unit’s activities constituted “manufacture” for the purpose of
Section 10B?
- Whether findings in subsequent assessment years can be used as the sole basis to reopen earlier concluded assessments?
Petitioner’s Arguments
- The
reassessment was based on the same facts already examined in original
assessment proceedings.
- There
was no fresh material available to justify reopening.
- All
facts relating to the Pune and Delhi units were fully disclosed during
original scrutiny.
- Deduction
under Section 10B must be granted unit-wise and not after clubbing losses
of non-eligible units.
- Reliance
was placed on CIT v. Yokogawa India Ltd., where the Supreme Court
clarified that deduction under Section 10B is undertaking-specific.
- The
Assessing Officer wrongly treated manufacturing activity as mere service
activity on a cost-plus basis.
- The basis for reopening, i.e., disallowance in subsequent assessment year, no longer survived as appellate authority had reversed that disallowance.
Respondent’s Arguments
- At
the stage of Section 148 notice, only prima facie belief of escaped income
is required.
- Assessment
in subsequent years can provide a basis for reopening earlier years.
- The
Petitioner was allegedly only rendering manufacturing services to
Associated Enterprises and not exporting goods independently.
- Since
the overall gross total income was negative, Section 10B benefit was
allegedly not available.
- Sufficiency of material cannot be examined at the notice stage.
Court Findings / Court Order
The Delhi High Court allowed the writ petition and quashed
the reassessment notice.
Findings:
1. No Failure of Disclosure
The Court held that all material facts had been fully and
truly disclosed during the original assessment proceedings.
2. No Fresh Tangible Material
The reassessment was based only on subsequent assessment
orders and not on any fresh material.
3. Section 10B Deduction is Unit-Specific
Relying upon CIT v. Yokogawa India Ltd., the Court
held that deduction under Section 10B is to be computed undertaking-wise.
4. Manufacturing Activity Established
The Court held that cutting, polishing, and processing
beads/crystals amounted to manufacture under Explanation 4 to Section 10B.
5. Subsequent Year Findings Cannot Automatically
Reopen Earlier Years
A later year’s assessment cannot become an automatic basis
for reopening a concluded earlier assessment.
Final Order
- Notice
under Section 148 dated 25.03.2014 quashed
- Order
rejecting objections dated 11.06.2014 set aside
- Writ Petition allowed
Important Clarification
Section 10B deduction is undertaking-specific
The Court clarified that profits of an eligible undertaking
cannot be denied deduction merely because another non-eligible unit incurred
losses.
Meaning of Manufacture under Section 10B
Even processing, coating, polishing, and converting raw
material into commercially usable export products constitutes manufacture.
Reopening after four years requires strict
compliance
Where original assessment is completed under Section 143(3),
reopening after four years requires failure by assessee to disclose material
facts, which was absent here.
Sections Involved
- Section
10B – Deduction for 100% Export Oriented Undertakings
- Section
143(2) – Scrutiny Assessment
- Section
143(3) – Regular Assessment
- Section
144C – Draft Assessment Order
- Section
147 – Income Escaping Assessment
- Section
148 – Notice for Reassessment
- Section
154/155 – Rectification of Mistake
- Section
92CA – Reference to Transfer Pricing Officer
- Explanation 4 to Section 10B – Meaning of Manufacture
Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:4935-DB/PMS30082017CW58072014.pdf
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