2008 (8) TMI 916 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A)'s order regarding deduction u/s 10B of the IT Act and treatment of freight and insurance charges for export goods sold on FOB basis.

Deduction u/s 10B:
The appeal concerned the CIT(A)'s decision on the assessee's entitlement to deduction u/s 10B of the IT Act. The CIT(A) erred in determining the amount of deduction, leading to a variance from the assessee's claim. The Tribunal agreed with the assessee's contention that if freight and insurance charges were excluded from export turnover, they should also be excluded from total turnover. This direction was based on a similar decision by the Bangalore Bench of the Tribunal in a previous case. The Tribunal upheld the assessee's argument, partially allowing the appeal.

Treatment of Freight and Insurance Charges:
The issue also involved the treatment of freight and insurance charges incurred by the assessee for exporting goods sold on a Free on Board (FOB) basis. The learned AR did not contest the quantum but emphasized that if these charges were excluded from export turnover, they should also be excluded from total turnover. The Tribunal agreed with this argument and directed the Assessing Officer (AO) to make the necessary adjustments. The Tribunal cited a previous case to support this decision. Additionally, the Tribunal addressed the computation of Minimum Alternate Tax (MAT) under section 115JB, emphasizing that the AO was justified in increasing the expenditure relatable to income under section 10A for computing adjusted book profit. The Tribunal upheld the AO's decision regarding the taxation of the amount, leading to a partial allowance of the appeal.

In conclusion, the appeal filed by the assessee was partly allowed, with directions given regarding the deduction u/s 10B of the IT Act and the treatment of freight and insurance charges for export goods sold on FOB basis.