2008 (10) TMI 385 - AT - Income Tax

Issues Involved:
1. Classification of expenditure on leased premises as capital or revenue.
2. Taxability of interest income under "income from other sources."
3. Classification of software purchase expenditure.
4. Addition of provision for bad and doubtful debts to book profits under section 115JB.
5. Charging of interest under section 234B.
6. Validity of the assessment.
7. Deduction under section 10A for STP unit.
8. Charging of interest under section 234D.
9. Deduction of bad debts.
10. Treatment of customization of software expenditure.
11. Addition of provision for doubtful debts and advances to book profit under section 115JB.
12. Computation of profits under section 115JB for deduction under section 80HHE.
13. Withdrawal of interest granted under section 244A.
14. Levy of interest under section 234D.
15. Exclusion of provision for leave encashment in computing book profits under section 115JB.

Issue-wise Detailed Analysis:

1. Classification of expenditure on leased premises as capital or revenue:
The assessee claimed an expenditure of Rs. 2,05,08,030 on leasehold premises as revenue expenditure. The Assessing Officer and CIT(A) classified it as capital expenditure under Explanation 1 to section 32. The Tribunal remanded the issue to the Assessing Officer to determine if any structural alteration was made, which would classify the expenditure as capital.

2. Taxability of interest income under "income from other sources":
The Tribunal upheld the lower authorities' decision to tax interest income of Rs. 79,86,465 under "income from other sources," following the Delhi High Court decision in CIT v. Shriram Honda Power Equipments.

3. Classification of software purchase expenditure:
The Tribunal remanded the issue regarding the expenditure of Rs. 29,96,699 on software purchase to the Assessing Officer for re-adjudication in light of the Special Bench decision in Amway India Enterprises Ltd. v. Dy. CIT.

4. Addition of provision for bad and doubtful debts to book profits under section 115JB:
The Tribunal allowed the assessee's appeal, following the Delhi High Court decision in CIT v. Eicher Ltd., holding that no adjustment could be made to the book profit for provision for bad and doubtful debts.

5. Charging of interest under section 234B:
The Tribunal directed the Assessing Officer to recompute the interest after giving effect to its order, treating the ground as partly allowed for statistical purposes.

6. Validity of the assessment:
The Tribunal dismissed the ground as it was not pressed by the learned counsel.

7. Deduction under section 10A for STP unit:
The Tribunal upheld the CIT(A)'s decision allowing the deduction under section 10A, finding that the new unit set up in STP, Chennai, met all conditions under section 10A(2) and was separate from the existing unit.

8. Charging of interest under section 234D:
The Tribunal held that section 234D, inserted with effect from 1-6-2003, was not applicable to assessment year 2001-02, dismissing the revenue's ground.

9. Deduction of bad debts:
The Tribunal upheld the CIT(A)'s decision allowing the deduction of Rs. 3,14,90,305 for bad debts, noting that the amount was written off in the immediately preceding year and claimed in this year.

10. Treatment of customization of software expenditure:
The Tribunal restored the issue to the Assessing Officer for re-adjudication in light of the Special Bench decision in Amway India Enterprises Ltd. v. Dy. CIT.

11. Addition of provision for doubtful debts and advances to book profit under section 115JB:
The Tribunal allowed the assessee's grounds, following the Delhi High Court decision in CIT v. Eicher Ltd.

12. Computation of profits under section 115JB for deduction under section 80HHE:
The Tribunal held that the deduction under section 80HHE should be computed with reference to the book profits, following the Special Bench decision in Dy. CIT v. Syncome Formulations (I) Ltd.

13. Withdrawal of interest granted under section 244A:
The Tribunal dismissed the ground as it was not pressed by the learned counsel.

14. Levy of interest under section 234D:
The Tribunal deleted the interest, following the Special Bench decision in ITO v. Ekta Promoters (P.) Ltd., holding that interest under section 234D is chargeable for assessment year 2004-05 and onwards.

15. Exclusion of provision for leave encashment in computing book profits under section 115JB:
The Tribunal upheld the CIT(A)'s decision to exclude the provision for leave encashment, following the Supreme Court decision in Bharat Earth Movers Ltd. v. CIT.

Conclusion:
- ITA No. 2826 (Delhi)/2005 of the assessee is partly allowed.
- ITA No. 2694 (Delhi)/2005 of the revenue is dismissed.
- ITA No. 1721 (Delhi)/2006 of the assessee is partly allowed.
- ITA No. 1492 (Delhi)/2006 of the revenue is partly allowed.
- ITA No. 3398 (Delhi)/2006 of the assessee is allowed.
- ITA No. 1975 (Delhi)/2007 of the assessee is partly allowed.
- ITA No. 1944 (Delhi)/2007 of the revenue is dismissed.

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