2014 (8) TMI 1032 - AT - Income Tax

Addition of MODVAT (CENVAT) credit on unconsumed raw material - Method of valuation of purchase and stock - Held that - Following the decision in Commissioner of Income-Tax Versus Indo Nippon Chemicals Co. Ltd. 2003 (1) TMI 8 - SUPREME Court the Modvat credit could not be added back to the income of the assessee. - that merely because the Modvat credit was an irreversible credit available to manufacturers upon purchase of duty-paid raw material, that would not amount to income which was liable to be taxed under the Act - income was not generated to the extent of the Modvat credit on unconsumed raw material - it was not permissible for the AO to adopt the gross method for valuation of raw materials at the time of purchase and the net method for valuation of stock on hand Decided against revenue. Determination of profits from export business for the purposes of the deduction under section 80HHC - Held that - As decided in Ajanta Phrama Ltd 2010 (9) TMI 8 - SUPREME COURT Section 80AB of the Income-tax Act, 1961, specifying that profits are those as determined for the purpose of the Act, will apply for determining profits from export business for the purposes of the deduction under section 80HHC Disallowance made u/s.14A - CIT(A) computed such disallowance as % of the average investment and restrict the disallowance u/s.. 14A to ₹ 1,87,954/- - Held that - We find that the major investment of the assessee is in its group companies. After considering this facts, the Ld. CIT(A) has restricted the disallowance to ₹ 1.87 lakhs. We do not find any reason to interfere with the findings of the Ld. CIT(A).

Issues Involved:

1. Disallowance of depreciation on goodwill.
2. Disallowance of provisions made for leave salary under Section 43B(f).
3. Deduction under Sections 80IA and 80IB.
4. Disallowance of eligible claim under Section 10IA/10IB.
5. Enhancement/withdrawal of 10B exemption.
6. Eligibility of DEPB under Section 80HHC.
7. Disallowance of rural development expenditure.
8. Adjustment of brought forward unabsorbed depreciation under Section 80HHC.
9. Addition of provision for deferred tax to book profits under Section 115JB.
10. Deduction under Section 115JB for Section 80HHC.
11. Exclusion of sales tax exemption benefit from taxable profit.
12. Reduction of MAT credit.
13. Deduction under Section 80M.
14. Disallowance under Section 14A.
15. Penalty proceedings under Section 271(1)(c).

Detailed Analysis:

1. Disallowance of Depreciation on Goodwill:
The Tribunal decided in favor of the assessee, citing an earlier decision for AY 2002-03, allowing depreciation on goodwill acquired during the acquisition of 'Madura Garments' division. The relevant paragraph from the previous order was reproduced, confirming the allowance of depreciation on goodwill.

2. Disallowance of Provisions Made for Leave Salary under Section 43B(f):
The Tribunal followed the decision from AY 2002-03, where it was held that the provision for leave salary is not a statutory liability but a contractual one. Consequently, the Tribunal directed the AO to allow the claim for provisions for leave salary.

3. Deduction under Sections 80IA and 80IB:
The Tribunal referred to the decision in AY 2002-03, where it was held that head office expenses should not be allocated to profits derived from eligible units. Thus, the Tribunal directed the AO not to reduce the claim of deduction by allocating head office expenses.

4. Disallowance of Eligible Claim under Section 10IA/10IB:
The Tribunal followed its earlier decision, directing the AO not to reduce the exemption under Section 10B by allocating head office expenses and expenses of another division to the 100% export-oriented unit.

5. Enhancement/Withdrawal of 10B Exemption:
The Tribunal, referring to the decision in AY 2002-03, held that the department cannot deny the benefit of Section 10B without withdrawing the claim allowed in the initial assessment year. Therefore, the Tribunal allowed the exemption under Section 10B.

6. Eligibility of DEPB under Section 80HHC:
The Tribunal relied on the Supreme Court's decision in Topman Exports, which clarified that only the profit on transfer of the DEPB credit should be considered for deduction under Section 80HHC, not the entire sale proceeds. Thus, the Tribunal decided in favor of the assessee.

7. Disallowance of Rural Development Expenditure:
The Tribunal followed its earlier decision, allowing the expenditure incurred on rural development as it was considered incurred out of commercial expediency.

8. Adjustment of Brought Forward Unabsorbed Depreciation under Section 80HHC:
The Tribunal decided against the assessee, following the Supreme Court's judgment in Ipca Laboratories Ltd., which held that brought forward unabsorbed depreciation should be adjusted for calculating deduction under Section 80HHC.

9. Addition of Provision for Deferred Tax to Book Profits under Section 115JB:
The Tribunal decided against the assessee due to the retrospective amendment in Section 115JB, which mandates the addition of deferred tax provision to book profits.

10. Deduction under Section 115JB for Section 80HHC:
The Tribunal restored the matter to the AO to recompute the deduction under Section 80HHC as per the Supreme Court's decision in Bharat Information Technology System Pvt. Ltd.

11. Exclusion of Sales Tax Exemption Benefit from Taxable Profit:
The Tribunal restored the issue to the AO for fresh adjudication, directing the AO to exclude the sales tax exemption amount from the taxable income.

12. Reduction of MAT Credit:
The Tribunal directed the AO to pass necessary orders regarding the MAT credit available to the assessee, considering the orders giving effect to the Tribunal's decisions for earlier years.

13. Deduction under Section 80M:
The Tribunal decided in favor of the AO, as the matter was conceded by the assessee's representative.

14. Disallowance under Section 14A:
The Tribunal followed its earlier decision, restricting the disallowance under Section 14A to a reasonable amount, considering the major investment in group companies.

15. Penalty Proceedings under Section 271(1)(c):
The Tribunal dismissed the grounds related to penalty proceedings as premature in nature.

Conclusion:
The Tribunal's decisions were largely based on precedents set in earlier years, with several issues being restored to the AO for fresh adjudication. The Tribunal allowed claims related to depreciation on goodwill, provisions for leave salary, and rural development expenditure, while deciding against the assessee on issues like adjustment of unabsorbed depreciation and addition of deferred tax provision to book profits.

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