2012 (5) TMI 674 - AT - Income Tax

Disallowing the loss due to Exchange rate fluctuation to the extent of loan which was not paid during the year - Hld that - Loss incurred on revenue side on account of foreign exchange fluctuation is allowable Treat the reimbursement of CST as business receipt for the purpose of claiming exemption u/s 10B. Insurance claims received do not qualify for the exemption u/s 10B as they are cannot be held to be receipts, derived from the industrial undertakings. Treat the refund as business receipt for the purposes of claim of exemption under section 10B. Staff agreement deposit forfeited do not qualify for the exemption u/s 10B as these are not held to be receipts derived from the industrial undertakings. Treat the refund as business receipt for the purposes of claim of exemption under section 10B. Disallowing the Deduction u/s 35D in respect of Euro Issue - set aside the order of the CIT(A) and restore the issue to the file of the AO for passing a fresh order after necessary examination in accordance with law, and after allowing opportunity to the assessee. Disallowing the Interest attributable to Investments made by the company in dividend earning assets - Held that - Remit the matter back to the file of the AO to recompute the disallowance u/s 14A in the light of the decision of the Hon ble Bombay High Court in the case of Godrej & Boyce Mfg. Co.Ltd. vs DCIT (2010 (8) TMI 77 - BOMBAY HIGH COURT ). Adding back provision for doubtful debts and advances while computing book profits u/s 115JB - Held that - Adjustments cannot be made once the assessment is to be framed under MAT provisions, hence the addition made by the revenue authorities is deleted. Exclude excise duty and sales tax from the total turnover for the purpose of computation of deduction u/s 80HHC

Issues Involved:
1. Disallowance of loss due to exchange rate fluctuation.
2. Exemption under section 10B for various receipts.
3. Disallowance of forfeiture of employees' security deposit.
4. Disallowance of project expenses.
5. Disallowance of penalties and fines.
6. Disallowance of amounts pertaining to leasehold land write-off.
7. Treatment of compensation from exploitation of commercial premises.
8. Disallowance of provision for difference of electricity duty.
9. Deduction under section 35D for Euro Issue expenses.
10. Disallowance of interest attributable to investments in dividend-earning assets.
11. Addition of provision for doubtful debts and advances while computing book profits under section 115JB.
12. Disallowance of lease expenses.
13. Disallowance of interest paid to SSI units on delayed payment.
14. Ex gratia payment under section 43B.
15. Foreign travel expenses of a director's wife.
16. Depreciation on provision for custom duty on Airjet looms and Auto corner.
17. Exclusion of excise duty and sales tax from total turnover for section 80HHC computation.

Issue-wise Detailed Analysis:

1. Disallowance of Loss Due to Exchange Rate Fluctuation:
The Tribunal found that the issue is covered in favor of the assessee by previous Tribunal decisions and the Supreme Court ruling in CIT vs. Woodward Governor (I) Pvt. Ltd. The Tribunal directed the AO to allow the loss as claimed by the assessee.

2. Exemption Under Section 10B:
- Premium on Transfer of Import Licenses: The Tribunal upheld the CIT(A)'s decision against the assessee, following previous Tribunal decisions.
- CST Reimbursement Claim: The Tribunal decided in favor of the assessee, treating the reimbursement as a business receipt eligible for exemption under section 10B.
- Insurance Claims: The Tribunal upheld the CIT(A)'s decision against the assessee, consistent with previous decisions.
- Sundry Credit Balance Written Back: The Tribunal upheld the CIT(A)'s decision against the assessee.
- Excise Duty Refund: The Tribunal decided in favor of the assessee, treating the refund as a business receipt.
- Staff Agreement Deposit Forfeited: The Tribunal upheld the CIT(A)'s decision against the assessee.
- Refund from MPCT: The Tribunal decided in favor of the assessee, treating the refund as a business receipt.
- ICICI Ltd. Interest Difference: The Tribunal upheld the CIT(A)'s decision against the assessee.
- Recovery from Outsiders: The Tribunal upheld the CIT(A)'s decision against the assessee.

3. Disallowance of Forfeiture of Employees' Security Deposit:
The Tribunal upheld the decision against the assessee, consistent with previous Tribunal decisions.

4. Disallowance of Project Expenses:
The Tribunal decided in favor of the assessee, treating the expenses as revenue in nature, consistent with previous Tribunal decisions and Bombay High Court rulings.

5. Disallowance of Penalties and Fines:
The Tribunal upheld the disallowances, consistent with previous Tribunal decisions.

6. Disallowance of Amounts Pertaining to Leasehold Land Write-Off:
The Tribunal set aside the CIT(A)'s order and restored the issue to the AO for re-examination in light of the Special Bench decision in Mukund Ltd.

7. Treatment of Compensation from Exploitation of Commercial Premises:
The Tribunal upheld the CIT(A)'s decision against the assessee, consistent with previous Tribunal decisions.

8. Disallowance of Provision for Difference of Electricity Duty:
The Tribunal restored the issue to the AO for adjudication, consistent with previous Tribunal decisions.

9. Deduction Under Section 35D for Euro Issue Expenses:
The Tribunal set aside the CIT(A)'s order and restored the issue to the AO for re-examination, consistent with previous Tribunal decisions.

10. Disallowance of Interest Attributable to Investments in Dividend-Earning Assets:
The Tribunal restored the issue to the AO for recomputation in light of the Bombay High Court decision in Godrej & Boyce Mfg. Co. Ltd. vs. DCIT.

11. Addition of Provision for Doubtful Debts and Advances While Computing Book Profits Under Section 115JB:
The Tribunal, following the Supreme Court decision in Apollo Tyres Ltd. vs. CIT, held that adjustments cannot be made once the assessment is framed under MAT provisions, and deleted the addition.

12. Disallowance of Lease Expenses:
The Tribunal allowed the ground, following previous Tribunal decisions.

13. Disallowance of Interest Paid to SSI Units on Delayed Payment:
The Tribunal upheld the disallowance, consistent with previous Tribunal decisions.

14. Ex Gratia Payment Under Section 43B:
The Tribunal upheld the CIT(A)'s decision in favor of the assessee, following previous Tribunal decisions.

15. Foreign Travel Expenses of a Director's Wife:
The Tribunal restored the issue to the AO for re-examination, consistent with previous Tribunal decisions.

16. Depreciation on Provision for Custom Duty on Airjet Looms and Auto Corner:
The Tribunal upheld the CIT(A)'s decision in favor of the assessee, consistent with previous Tribunal decisions.

17. Exclusion of Excise Duty and Sales Tax from Total Turnover for Section 80HHC Computation:
The Tribunal upheld the CIT(A)'s decision in favor of the assessee, following the Supreme Court decision in CIT vs. Lakshmi Machine Works.

Conclusion:
The appeals filed by the assessee and the department were partly allowed, with several issues restored to the AO for re-examination and adjudication. The Tribunal's decisions were largely consistent with previous rulings and higher court judgments.

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