2012 (10) TMI 1110 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A) order for assessment year 2006-07 on grounds of disallowance of deduction u/s 80IB, disallowance of expenditures u/s 40(a)(ia), and charging of interest u/s 234A, 234B & 234C.

Disallowance of deduction u/s 80IB:
The assessee appealed against the disallowance of deduction claimed u/s 80IB, arguing that the profits were attributable to excise duty refund and not derived from manufacturing activity. The counsel cited a decision of the Jurisdictional High Court in favor of the assessee. The Tribunal, following the High Court's judgment, ruled that the Excise Duty refund is a 'capital receipt' and not taxable, allowing the appeal on this ground.

Disallowance of expenditures u/s 40(a)(ia):
Regarding the disallowance of expenditures on freight, labor contract, and interest added to the business income u/s 40(a)(ia), the counsel contended that a previous decision by the ITAT, Amritsar Bench, favored the assessee. The Tribunal agreed, stating that the issue had already been decided in favor of the assessee, and allowed the appeal, permitting deduction u/s 80IB on the enhanced income due to the disallowance.

Charging of interest u/s 234A, 234B & 234C:
The counsel mentioned that the issue of charging interest under these sections was consequential. The Tribunal directed the AO to allow any consequential relief at the time of implementing the order, disposing of this ground accordingly.

Telescoping in computing profits for deduction u/s 80IB:
The issue of telescoping in computing business profits and deduction u/s 80IB was dismissed as it did not arise from the AO's order, and the counsel agreed with this decision.

Conclusion:
The appeal by the assessee was partly allowed, with the Tribunal ruling in favor of the assessee on the grounds of disallowance of deduction u/s 80IB and disallowance of expenditures u/s 40(a)(ia), while providing directions on the charging of interest under specified sections.