2001 (9) TMI 817 - AT - Income Tax

Summary

Issues Involved:
1. Entitlement to deduction u/s 32AB for various types of income.
2. Computation method for profit from eligible business for deduction u/s 32AB.

Summary:

Issue 1: Entitlement to deduction u/s 32AB for various types of income

The Tribunal examined whether the assessee is entitled to deduction u/s 32AB in respect of income from rent, interest, lease rent, profits from transactions in investment, miscellaneous income, and generator hire charges. It was noted that the Chandigarh Benches previously allowed such deductions by following the Cochin Bench's decision in Apollo Tyres Ltd. v. Dy. CIT, which held that for purposes of deduction u/s 32AB(3), the P&L account must be prepared in accordance with Parts II and III of Schedule VI to the Companies Act, 1956. The Tribunal observed that the expression "chargeable to profits and gains of business" was absent in section 32AB(3), implying that it was not necessary for the income to be assessable under the head "business" for deduction purposes. However, the Tribunal also noted a departure in the assessment year 1989-90 where the deduction for interest income was rejected following the Gauhati High Court's decision in CIT v. Dinjoye Tea Estate (P.) Ltd.

Issue 2: Computation method for profit from eligible business for deduction u/s 32AB

The Tribunal analyzed whether profit from eligible business should be computed according to the IT Act or Parts II and III of Schedule VI of the Companies Act. It was held that for computing deduction u/s 32AB, the profits of eligible business must be computed as per Parts II and III of Schedule VI of the Companies Act, not under the IT Act. This method ensures uniformity and reduces uncertainty in determining profits qualifying for deduction. The Tribunal emphasized that the eligible business definition and computation method under the Companies Act were intended to provide a different formula for quantification of the deduction, distinct from the IT Act.

Conclusion:

The Tribunal concluded that all items of receipts from eligible business are entitled to deduction u/s 32AB, except those specifically excluded by the definition of "eligible business." Rent from hiring machinery and generator hire charges were not eligible for deduction. The profit from eligible business should be computed according to Parts II and III of Schedule VI of the Companies Act, not the IT Act. The decision aligns with the Kerala High Court's ruling in Apollo Tyres Ltd., ensuring deductions are based on commercial profits as understood under the Companies Act.