2009 (12) TMI 579 - AT - Income Tax

Deduction u/s. 80-IB and u/ s. 80HHC - The assessee cannot be given twin advantages of deduction both under s. 80HHC and s. 80-IB in view of the restriction imposed by s. 80-IA(9) - Section 115JB takes care of s. 80HHC alone and it does not touch upon the benefits available to an assessee under s. 80-IB - Once the book profit is arrived at by the assessing authority, the only relevant adjustment permitted is the deduction of benefits available under s. 80HHC - The benefit available to an assessee under s. 80-IB has no role to play in computing the quantum of deduction available to an assessee under s. 80HHC in the context of a MAT assessment Hence, the quantum of deduction available under s. 80HHC by reducing it with the benefits available under s. 80-IB - The AO is directed to recompute the benefits available to the assessee under s. 80HHC in light of the book profits computed under s. 115JB without making any deduction under s.80-IB.

Summary

Issues:
1. Impost of depreciation in computing deduction under s. 80-IB.
2. Dilution of book profits under s. 115JB by the amount eligible under s. 80-IB.
3. Whether deduction under s. 80HHC vis-a-vis s. 80-IB can be excluded.
4. Simultaneous deduction under s. 80HHC and s. 80-IB.
5. Adjustment permissible under s. 115JB in the context of s. 80-IB.

Analysis:

1. The first issue pertains to the impost of depreciation in computing the deduction under s. 80-IB. The Tribunal relied on the Full Bench judgment of the Bombay High Court, which held that profits cannot be enhanced by disclaiming current depreciation for benefits under s. 80-IA. Consequently, the first ground raised by the assessee was dismissed.

2. The second issue involves the dilution of book profits under s. 115JB by the amount eligible under s. 80-IB. The Tribunal noted that the law does not permit adjustment with reference to s. 80-IB in the context of assessment under s. 115JB. The AO erred in deducting s. 80-IB benefits while computing the deduction under s. 80HHC. Thus, the deduction made towards s. 80-IB was deleted, directing the AO to recompute benefits under s. 80HHC without any deduction under s. 80-IB.

3. The third issue questions whether deduction under s. 80HHC can be excluded vis-a-vis s. 80-IB. The Tribunal considered the provisions of the statute and held that book profits for assessment should be reduced only by the eligible amount of s. 80HHC, without further reduction by any deduction available under s. 80-IB.

4. The fourth issue addresses the allowance of simultaneous deductions under s. 80HHC and s. 80-IB. The Tribunal referred to various judgments and held that an assessee cannot claim mutually exclusive deductions under both provisions, emphasizing that deductions under s. 80-IA must be made prior to granting relief under s. 80HHC.

5. The fifth issue concerns the adjustment permissible under s. 115JB in the context of s. 80-IB. The Tribunal clarified that the Explanation under s. 115JB allows adjustments only for benefits under s. 80HHC, excluding any role for benefits under s. 80-IB in computing deductions under s. 80HHC. This position was reinforced by the Tribunal's decision to delete the deduction made towards s. 80-IB and recompute benefits under s. 80HHC without any s. 80-IB deduction.

In conclusion, the Tribunal partly allowed the appeal, deciding in favor of the assessee on the issues related to deductions under s. 80-IB and s. 80HHC, while rejecting an alternate ground as unnecessary.