2010 (2) TMI 810 - AT - Income Tax

Deduction u/s 80-IB - Higher profit - transfer of expenses - Held that - We agree with his findings and the ultimate conclusion that the assessee is entitled to the deduction under section 80-IB in respect of its entire profits. decided in favour of Assessee.

Summary

Issues Involved:
1. Whether the assessee was rightly allowed the deduction under section 80-IB as claimed by it.

Issue-wise Detailed Analysis:

1. Whether the assessee was rightly allowed the deduction under section 80-IB as claimed by it:

The Department's appeal concerns the assessment year 2005-06 and challenges the deduction allowed under section 80-IB of the Income Tax Act, 1961. The assessee, a partnership firm engaged in manufacturing pens and writing materials, claimed a deduction of Rs.8,41,80,626/- under section 80-IB. The Assessing Officer (AO) scrutinized the return and noted the involvement of another partnership firm, M/s Cello Sales and Marketing (CSM), which marketed the products of the Cello Group, including the assessee's products. The AO invoked section 80-IA(10), applicable to section 80-IB via sub-section (13), to regulate the deduction, suspecting that the business arrangement between the assessee and CSM was designed to produce more than ordinary profits for the assessee by shifting expenses to CSM.

The AO compared the net profit rates of the assessee with other companies, noting the assessee's unusually high net profit of 55.67% compared to CSM's 0.17%. He concluded that the marketing arm was created to shift the legitimate expenses of the assessee to CSM, thereby showing higher profits eligible for deduction under section 80-IB. Consequently, the AO recomputed the profits, restricting the deduction to Rs.4,22,16,653/- and disallowing the balance.

The CIT(A) admitted additional evidence and concluded that the marketing arm was created for efficient and coordinated marketing of similar products manufactured by the Cello Group. The CIT(A) found no undue transfer of expenses from the assessee to CSM and held that sub-section (10) of section 80-IA read with sub-section (13) of section 80-IB was not applicable. The CIT(A) directed the AO to allow the deduction under section 80-IB in respect of the entire profit of Rs.8,41,84,226/-.

The Revenue appealed, arguing that the assessee shifted manufacturing expenses to CSM to avail higher deductions. However, the Tribunal found merit in the assessee's submission that the profits earned were not extraordinarily high to justify the reduction of the claim under section 80-IB. The Tribunal noted that CSM was formed before the assessee and was created for legitimate business reasons, such as enabling stockists to deal with a single entity. There was no evidence that the expenses claimed by CSM did not relate to its marketing activities or that any part of the expenses was related to the assessee's activities but debited in CSM's books.

The Tribunal also found the AO's conclusion that the assessee did not incur any expenditure other than travelling and conveyance expenses to be baseless. The assessee's Profit and Loss Account showed an aggregate expenditure of Rs.6,94,22,917/-, including raw and packing materials, manufacturing expenses, administrative, selling, and distribution expenses, and depreciation. Similarly, CSM's Profit and Loss Account showed usual marketing expenses, and there was no evidence to suggest that these expenses were related to the assessee's manufacturing activities.

The Tribunal compared the net profit rates of other group concerns and found that high net profit rates were common within the group. The Tribunal also noted that the net profit rates of certain super stockists of the assessee were very low, similar to CSM's net profit rate of 0.17%. The Tribunal found the AO's comparisons with other companies to be invalid due to the lack of details on turnover, market share, and product mix.

In conclusion, the Tribunal agreed with the CIT(A)'s findings and upheld the decision to allow the deduction under section 80-IB in respect of the entire profit of Rs.8,41,84,226/-. The Tribunal dismissed the Department's appeal, affirming that the assessee was rightly allowed the deduction under section 80-IB as claimed.

Order Pronounced:
The appeal of the Department is dismissed with no order as to costs. Order pronounced on 23.2.2010.