2012 (7) TMI 913 - AT - Income Tax

Whether the Ld. CIT(A) was right in allowing relief on account of deduction u/s 80IB on Central Excise Duty - Held YES . See Shree Balaji Alloys v. CIT and Another(2011 (1) TMI 394 - Jammu and Kashmir High Court ) by holding that the Excise Duty refund is to be treated as capital receipt and not liable to be taxed. Disallowance made u/s 40(a)(ia) on TDS default - HeLd that - The issue in dispute is decided in favour of the assessee and against the Revenue.

Summary

Issues:
1. Deduction u/s 80IB on Central Excise Duty refund
2. Disallowance of deduction u/s 40(a)(ia) on account of TDS default

Analysis:
1. Deduction u/s 80IB on Central Excise Duty refund:
The appeals filed by the Revenue were against separate orders of CIT(A), Jammu, for the assessment year 2008-09. The common grounds raised in both appeals were related to the deduction u/s 80IB on Central Excise Duty refund. The Revenue questioned the CIT(A)'s decision to allow relief on this deduction based on the High Court's order, arguing that the receipt should be considered a trading receipt, not a capital receipt. However, the ITAT, Amritsar Bench, upheld the CIT(A)'s decision, citing the decision of the Jurisdictional High Court of Jammu & Kashmir in a similar case, which classified the Excise Duty refund as a capital receipt not liable to be taxed. The ITAT, therefore, dismissed the Revenue's grounds related to the Excise Duty refund.

2. Disallowance of deduction u/s 40(a)(ia) on account of TDS default:
Regarding the disallowance of deduction u/s 40(a)(ia) on account of TDS default, the Revenue challenged the CIT(A)'s decision to delete the addition made in this regard. The ITAT, Amritsar Bench, noted that the issue was already settled in favor of the assessee by previous decisions. The ITAT referred to a previous case where a similar disallowance was upheld and another case where such disallowances were not sustained. However, the ITAT upheld the CIT(A)'s order, stating that it was well-reasoned and based on facts and materials available on record. The ITAT found no reason to interfere with the CIT(A)'s decision, ultimately dismissing the Revenue's grounds related to the disallowance under section 40(a)(ia).

In conclusion, the ITAT, Amritsar, dismissed both appeals of the Revenue, upholding the decisions of the CIT(A) in both issues discussed.