2016 (1) TMI 1348 - AT - Income Tax

Eligibility for deduction u/s.10A/10B on interest income - income derived from export of ITES services - Held that - Interest income earned by the assessee has a direct nexus and was derived from the assessee s business and was therefore entitled to be considered for deduction u/s.10A of the Act. Following the aforesaid decision of the Co-ordinate Bench in the case of M/s. Syntel Limit (2015 (9) TMI 897 - ITAT MUMBAI) we uphold the impugned order of the Ld. CIT(A) in directing the Assessing Officer to consider the interest income earned by the assessee in the relevant period as having a direct nexus with and being derived from its ITES business and therefore to include it while computing the eligible deduction u/s.10A - Decided against revenue

Summary

Issues:
- Whether interest income earned by the assessee should be considered as part of business income for deduction under section 10A of the Income Tax Act, 1961.

Analysis:
The case involved an appeal by the Revenue against the order of the CIT(Appeals)-18, Mumbai for the assessment year 2007-08. The assessee, a company engaged in business process outsourcing and IT-enabled services, had filed its return of income declaring a certain amount. The assessment under section 143(3) of the Act brought the interest income of the assessee to tax under the head "income from other sources." The CIT(A) allowed the assessee's appeal, considering the interest income as part of the business income for deduction under section 10A of the Act. The Revenue challenged this decision, arguing that the interest income was not derived from the export of ITES services and thus not eligible for deduction under section 10A.

The Revenue contended that the interest income should be treated as income from other sources, not eligible for deduction under section 10A. On the other hand, the assessee's representative argued that the CIT(A) had correctly followed judicial precedent in considering the interest income as derived from the business, citing a decision of a Co-ordinate bench in a similar case. The Tribunal noted that a Co-ordinate bench had already considered and decided the same issue in favor of the assessee's sister concern, holding that the interest income had a direct nexus with the business and was eligible for deduction under section 10A. Therefore, the Tribunal upheld the CIT(A)'s order, directing the Assessing Officer to include the interest income in computing the deduction under section 10A.

In conclusion, the Tribunal dismissed the Revenue's appeal for the assessment year 2007-08, based on the finding that the interest income earned by the assessee was to be considered as derived from its business and eligible for deduction under section 10A of the Act. The decision was based on the precedent set by a Co-ordinate bench in a similar case involving the assessee's sister concern.