2012 (7) TMI 930 - AT - Income Tax

Claim of deduction under section 88E - Held that - Commissioner (Appeals) has examined the allocation of expenditure and rightly held that the claim is allowable to the assessee under section 88E for an amount of 3, 73, 10, 662.

Summary

Issues:
1. Calculation of rebate under section 88E of the Income Tax Act, 1961.

Analysis:
The appeal was filed by the Revenue against the order of the Commissioner (Appeals) regarding the calculation of rebate under section 88E for the assessment year 2007-08. The main contention was whether the Assessing Officer correctly restricted the rebate to the amount claimed in the return of income or if the Commissioner (Appeals) was justified in directing a recalculation based on a higher amount of share trading income. The assessee argued that the Assessing Officer did not consider the scientific method of expenditure allocation and the impact of additions made during assessment. The Commissioner (Appeals) reviewed the calculations and determined the rebate to be higher than initially claimed by the assessee.

During the proceedings, the Departmental Representative supported the Assessing Officer's decision to restrict the rebate to the initial claim, while the assessee's Counsel argued that the difference in rebate calculation was due to the allocation of expenditure. The assessee claimed to have consistently followed a scientific method for expenditure allocation, which was accepted by the Revenue. The Commissioner (Appeals) examined the allocation of expenditure and concluded that the higher rebate amount was allowable to the assessee under section 88E.

After considering the arguments from both sides and examining the facts and documents, the Tribunal declined to interfere with the relief granted by the Commissioner (Appeals). The Tribunal found no merit in the Revenue's appeal and dismissed it. The decision was pronounced in open court on 18/07/2012.