2012 (3) TMI 517 - AT - Income Tax

Disallowance of deduction u/s.80IC in pursuance of disallowance u/s.40(a)(ia) - Held that - The assessee would be entitled to deduction u/s.80IB on the amount disallowed u/s.40(a)(ia) while working out the eligible profits of the industrial undertaking. In view of the aforesaid preposition of law and ratio laid down by the various courts we hold that disallowance of 7, 38, 038/- made u/s.40(a)(ia) by the Assessing Officer will go to enhance the profit which would again be eligible for full deduction u/s.80IC as it provides for 100% deduction from the profits and gains from the eligible business.

Summary

Issues involved: Disallowance of deduction u/s.80IC in relation to disallowance u/s.40(a)(ia).

Analysis:
1. The appellant, a partnership firm engaged in manufacturing, claimed deduction u/s.80IC for profits from eligible business. The Assessing Officer disallowed expenses of TDS not paid on contractors, clearing charges, security charges, commission charges, and professional charges invoking section 40(a)(ia).

2. The CIT(A) reduced the disallowance to Rs. 7,38,038, holding that certain TDS payments were made and paid as per the Act, while the balance amount was disallowed under section 40(a)(ia) as expenses to be added over the return income.

3. The appellant argued that the disallowance under section 40(a)(ia) would enhance profits of the eligible business u/s.80IC, citing relevant case laws. The Revenue contended that the disallowance is specific and not correlated with income u/s.80IC.

4. The Tribunal noted that the appellant was eligible for deduction u/s.80IC for manufacturing activities in specified states. The disallowance under section 40(a)(ia) was due to non-deduction of TDS on expenses directly related to the business, enhancing the profits eligible for deduction u/s.80IC.

5. Referring to case laws, the Tribunal held that disallowance u/s.40(a)(ia) would enhance profits eligible for deduction u/s.80IC, as the disallowed expenses were directly linked to the eligible business activities, in accordance with the computation provisions of the Income Tax Act.

6. Based on the legal precedents and statutory provisions, the Tribunal allowed the appeal, stating that the disallowance under section 40(a)(ia) would increase the profits eligible for full deduction u/s.80IC, as the disallowed expenses were related to the manufacturing and business activities of the appellant.

7. Consequently, the Tribunal allowed the appeal, emphasizing that the disallowance under section 40(a)(ia) would enhance the profits eligible for deduction u/s.80IC, and pronounced the order in favor of the appellant on March 2, 2012.