2011 (6) TMI 903 - AT - Income Tax

Summary

Issues involved:
The issues involved in this case are the annulment of assessment orders passed u/s 143(3) r.w.s. 147 of the Act, deletion of disallowance of proportionate expenses u/s 14A against exempt income u/s 10B, and deletion of disallowance u/s 14A with reference to dividend income exempt u/s 10(35).

Assessment Year 2004-05:
The Revenue filed an appeal against the order of the ld. CIT(A) annulling the assessment order and deleting the disallowance of expenses under section 14A. The assessee, a software development company, claimed deduction under section 80IB for the assessment year. The AO disallowed proportionate expenses under section 14A for earning income u/s 10B and 10(35). The ld. CIT(A) held that no further disallowance was justified as the AO had already considered the expenses related to exempted income while computing the deduction u/s 10B. The Tribunal upheld the CIT(A)'s decision, annulling the assessment and dismissing the grounds raised by the Revenue.

Assessment Year 2005-06:
Similar to the previous year, the Revenue appealed against the CIT(A)'s order annulling the assessment and deleting the disallowance of expenses under section 14A. The AO disallowed proportionate expenses under section 14A for earning income u/s 10B and 10(35). The ld. CIT(A) held that no disallowance under section 14A was warranted as the exemption u/s 10B was allowed after excluding expenses related to such income. The Tribunal upheld the CIT(A)'s decision, annulling the assessment and dismissing the grounds raised by the Revenue.

Conclusion:
The Tribunal upheld the CIT(A)'s decision to annul the assessments for both years and dismissed the Revenue's appeals. It was held that the reopening of assessments based on audit objections was not justified, and no disallowance under section 14A was warranted as the exemption under section 10B already considered the related expenses. The Tribunal rejected all grounds raised by the Revenue and upheld the CIT(A)'s orders.