2001 (11) TMI 73 - HC - Income Tax

Summary

Issues Involved:
1. Assessment of Interest Income and Dividend under Business Income u/s 80HHC
2. Eligibility of Interest from Fixed Deposits and Magnum Deposits for Deduction u/s 80HHC
3. Definition of 'Total Turnover' for Section 80HHC
4. Turnover Calculation for Construction Division for Deduction u/s 80HHC
5. Proportionate Income Calculation for Deduction u/s 80HHC

Summary of Judgment:

Issue 1: Assessment of Interest Income and Dividend under Business Income u/s 80HHC
The court addressed whether the interest income and dividend from SBI Magnum units totaling Rs. 11,62,980 should be assessed under the head "Business income" and be eligible for deduction u/s 80HHC of the Income-tax Act, 1961. The court concluded that interest income on bank deposits and dividend from SBI Magnum do not constitute business income but are income from "other sources." Thus, they are not eligible for deduction u/s 80HHC.

Issue 2: Eligibility of Interest from Fixed Deposits and Magnum Deposits for Deduction u/s 80HHC
The Tribunal's decision that interest received from fixed deposits and Magnum deposits with the bank is eligible for deduction u/s 80HHC was overturned. The court reaffirmed that such interest is income from "other sources" and not business income, following the precedent set in CIT v. Parekh Brothers and other cases.

Issue 3: Definition of 'Total Turnover' for Section 80HHC
The court examined whether the term 'total turnover' for section 80HHC should include gross receipts or only sales turnover. The court held that the amount received from the owners of flats for the construction and delivery of flats should be included in the total turnover for the computation of eligible deduction under section 80HHC.

Issue 4: Turnover Calculation for Construction Division for Deduction u/s 80HHC
The court determined that the turnover for the construction division should include the entire receipts from customers for the development and sale of flats, not just the gross profit. This was based on the nature of the business and the agreements involved. The court directed the Tribunal to recompute the eligible deduction, including the cost of flats constructed and sold.

Issue 5: Proportionate Income Calculation for Deduction u/s 80HHC
The court found that the Assessing Officer's method of calculating the eligible deduction was incorrect as it did not strictly adhere to the formula provided under section 80HHC(3). The correct formula involves computing the eligible deduction based on the proportion of export turnover to total turnover, including the cost of flats. The case was remanded to the Tribunal for recomputation using the correct formula.

Conclusion:
The court allowed the Income-tax Appeal No. 60 of 2001, reversing the order of the Income-tax Appellate Tribunal. In the Income-tax Reference No. 111 of 1997, the court answered the first question in favor of the Revenue and the second question partly in favor of the Revenue and partly in favor of the assessee, directing the Tribunal to recompute the eligible deduction in accordance with the court's findings.