2011 (3) TMI 980 - AT - Income Tax

Deduction u/s.80HHC - Book profit u/s 115JA - Rectification of mistakes - it cannot be said that there was any mistake in the order dated 29.07.2006 passed by the Assessing Officer while giving effect to the order of the learned CIT(A) in not reducing the profits of the business by 90% of the other income for the purpose of computing deduction u/s.80HHC calling for any rectification u/s.154 - Held that there was thus no mistake in the order passed by the Assessing Officer on 24.07.2006 giving effect to the order of the learned CIT(A) on this issue warranting any rectification u/s.154 - Decided in the favour of assessee Regarding interest u/s 234B - Held that the provisions of section 234B having come on the Statute book with effect from 1.6.2003 and the same having no retrospective effect, interest under the said provisions cannot be charged in respect of refunds granted prior to 01.6.2003 - Appeal is allowed by way of remand Regarding deduction u/s.80HHC while determining the book profits of the assessee by reducing 90% of other income -

Issues Involved:
1. Computation of deduction under Section 80HHC for the purpose of determining book profit under Section 115JA/115JB.
2. Applicability of Explanation (baa) to Section 80HHC in computing book profit.
3. Scope of rectification under Section 154.
4. Levy of interest under Section 234D.

Detailed Analysis:

1. Computation of Deduction under Section 80HHC for Book Profit under Section 115JA/115JB:
The primary issue revolves around whether the deduction under Section 80HHC should be computed based on the book profit as per accounts or as per the normal provisions of the Income Tax Act. The assessee argued that the deduction should be computed based on the book profit, as directed by the CIT(A), and not restricted to the amount allowable under normal provisions. The Tribunal upheld the CIT(A)'s direction that the deduction under Section 80HHC should be computed with reference to the profit as per accounts for determining book profit under Section 115JA/115JB.

2. Applicability of Explanation (baa) to Section 80HHC in Computing Book Profit:
The Assessing Officer reduced 90% of other income such as interest and profit on the sale of investments from eligible business profit while computing the deduction under Section 80HHC for book profit. The CIT(A) found this adjustment debatable and beyond the scope of Section 154. The Tribunal agreed, noting that the CIT(A) had directed the deduction to be computed based on the profit as per accounts, and thus, there was no mistake warranting rectification under Section 154.

3. Scope of Rectification under Section 154:
The Tribunal observed that the issue of whether Explanation (baa) applies to the computation of deduction under Section 80HHC for book profit was highly debatable. Hence, it was beyond the scope of Section 154, which is limited to rectifying mistakes apparent from the record. The Tribunal upheld the CIT(A)'s decision that the adjustments made by the Assessing Officer were beyond the scope of Section 154.

4. Levy of Interest under Section 234D:
The Tribunal noted that the provisions of Section 234D were introduced with effect from 01.06.2003 and had no retrospective effect. Therefore, interest under Section 234D could not be charged for refunds granted prior to this date. The Tribunal directed the Assessing Officer to ascertain the exact date of the corresponding refund and decide the issue in accordance with the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Bajaj Hindustan Ltd.

Separate Judgments:
- For the assessment years 1999-2000 and 2000-01, the Tribunal dismissed the revenue's appeal on the adjustment issue and restored the matter of interest under Section 234D to the Assessing Officer for verification.
- For the assessment years 2001-02 and 2002-03, the Tribunal allowed the assessee's appeal, reversing the CIT(A)'s order on the adjustment issue, and restored the interest issue to the Assessing Officer for verification.

Conclusion:
The Tribunal's judgment emphasized that the computation of deduction under Section 80HHC for determining book profit should be based on the profit as per accounts, and any adjustments involving debatable issues are beyond the scope of rectification under Section 154. Additionally, the levy of interest under Section 234D is not applicable retrospectively. The appeals were disposed of accordingly, with some matters remanded to the Assessing Officer for further verification.

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