- (1.) This civil appeal filed by the Department relates to the assessment year 1992-93. By this civil appeal the Department seeks to challenge the decision of the Gauhati High Court dated 6.6.2002 in ITR No. 4 of 2001.
(2.) At the outset, it is pointed out by learned Counsel for the original Assessee that Bongaigaon Refinery and Petrochemical Limited (for short "BRPL") has since merged into IOC. Permission to carry out formal amendment within two weeks is accordingly granted.
(3.) BRPL was a PSU engaged in refinery, petrochemical and polyester staple fibre business. Three different and separate units were set up by BRPL in the financial years 1979-80, 1985-86 and 1988-89 respectively. The three units were engaged in production of separate and distinct types of products. They were three different Industrial Undertakings. It is not in dispute that BRPL was entitled to claim deduction under Sections 80HH and 80I of the I.T. Act, 1961 during the relevant assessment year 1992-93. BRPL could not claim such deduction till assessment year 1992-93 as its net taxable income for earlier assessment years was Nil. It was only in assessment year 1992-93 when the gross total income became positive that BRPL claimed relief for its Petrochemical Unit under Section 80HH and under Section 80I of the I.T. Act, 1961. However, BRPL could not claim such deduction for its Refinery Unit as the period for which such relief could be claimed had expired. Further, it could not claim such deduction for its Polyester Staple Fibre Unit as it had negative income during the accounting year ending 31.3.1992 corresponding to assessment year 1992-93.;