2010 (1) TMI 964 - AT - Income Tax

Summary

Issues Involved:

1. Deduction of refund to Customs Department.
2. Disallowance of business promotion expenses.
3. Netting of interest for deduction u/s 80HHC.
4. Exclusion of DEPB receipts from business profit for deduction u/s 80HHC.
5. Computation of deduction u/s 80HHC before adjusting brought forward losses u/s 72.
6. Charging of interest u/s 234B and 234D.

Summary:

1. Deduction of Refund to Customs Department:
The assessee claimed a deduction of Rs. 28,25,346 refunded to the Customs Department for excess duty drawback in the assessment year 2003-04. The Assessing Officer disallowed this, stating it was not a business expense for the year. The Commissioner of Income-tax (Appeals) upheld this disallowance but directed the Assessing Officer to ensure the refunded amount received in the next year (Rs. 26,69,832) is not taxed again. The Tribunal allowed the deduction of Rs. 1,55,514 (the difference) in the present year, stating the liability arose in the current year.

2. Disallowance of Business Promotion Expenses:
The assessee's claim of Rs. 7,34,461 as business promotion expenses was partially disallowed by the Assessing Officer due to the absence of supporting vouchers, leading to a disallowance of Rs. 73,446. The Commissioner of Income-tax (Appeals) and the Tribunal upheld this disallowance, finding the estimation reasonable in the absence of vouchers.

3. Netting of Interest for Deduction u/s 80HHC:
The assessee's interest income from fixed deposits was treated as "Income from other sources" by the Assessing Officer, reducing the business profit for deduction u/s 80HHC. The Tribunal upheld this classification but allowed for netting of interest if the assessee could establish a nexus between interest received and interest paid. The matter was remanded to the Assessing Officer for fresh examination.

4. Exclusion of DEPB Receipts from Business Profit for Deduction u/s 80HHC:
The issue of excluding DEPB receipts from business profit for deduction u/s 80HHC was remanded to the Assessing Officer for fresh decision in light of the Special Bench decision in Topman Exports v. ITO.

5. Computation of Deduction u/s 80HHC Before Adjusting Brought Forward Losses u/s 72:
The Tribunal upheld the decision that brought forward losses and unabsorbed depreciation must be adjusted before computing the deduction u/s 80HHC, as per the Tribunal's decision in Addi Industries Ltd. v. ITO.

6. Charging of Interest u/s 234B and 234D:
The assessee's additional ground challenging the charging of interest u/s 234B and 234D was rejected. The Tribunal found no merit in the claim for the assessment year 2003-04, as the relevant Supreme Court judgment (IPCA Laboratory Ltd.) was delivered after the return was filed. The additional ground for the assessment year 2004-05 was also rejected as not pressed.

Conclusion:
The appeal of the assessee was partly allowed, with specific directions and remands for fresh examination on certain issues. The decision was pronounced on 8th January 2010.