2011 (4) TMI 785 - AT - Income Tax

Disallowance - Deduction u/s 80IA - Scince, old exchanges totally being revamped, most of which were non-operating and under discarded position - As the income generated through so many services being rendered by the new exchanges which is eligible for claim of deduction u/s 80IA, we cannot restrict the claim in respect of the nominal income if any generated out of the old exchanges - the matter is restored back to the file of the AO for recomputing the claim of deduction u/s 80IA with reference to 75% of the income being eligible for deduction, whereas balance 25% is not eligible for deduction in all the years under consideration. Disallowance u/s 43B - Regard to non-deposit of employees contribution towards GPF was not pressed for by the learned counsel for the assessee - Hence, the same stands dismissed.

Issues:
1. Disallowance of claim u/s 80IA and additions made u/s 43B for employees' contribution towards GPF.

Analysis:
1. The assessee appealed against the order dated 30.12.2005 passed by the CIT(A) regarding the assessment made u/s 143(3) dated 21.2.2005 for the AY 2004-05.
2. The Committee on Disputes allowed the assessee to pursue the issue of disallowance of claim u/s 80IA and additions made u/s 43B for employees' contribution towards GPF before the Tribunal due to questions of facts and law involved.
3. Ground No.1 was not adjudicated as no arguments were presented.
4. Ground No.2 challenged the CIT(A)'s confirmation of the AO's decision to disallow deduction u/s 80IA claimed by the assessee as a telecom service provider.
5. The AO disallowed the deduction u/s 80IA based on previous disallowances in earlier years and the Tribunal's dismissal of the claim.
6. The CIT(A) upheld the AO's decision citing previous dismissals by the ITAT.
7. The assessee further appealed the decision.
8. The counsel for the assessee highlighted that the Tribunal had set aside the issue of deduction u/s 80IA for fresh adjudication in previous assessment years and the High Court had remanded the issue back to the AO, resulting in the allowance of proportionate deduction u/s 80IA.
9. The DR argued that the claim of exemption u/s 80IA(4C) was no longer applicable for the AY 2004-05.
10. The counsel for the assessee contended that the provisions of Section 80IA(4C) were now included in Section 80IA(4)(ii), entitling the assessee to deduction u/s 80IA(4)(ii) based on previous Tribunal orders.
11. The Tribunal reviewed previous orders and directed the AO to compute the deduction u/s 80IA based on the proportionate income generated by new exchanges after 1995, following a detailed analysis of the technological advancements in the telecommunication industry.
12. The matter was remanded back to the AO for computation of the deduction u/s 80IA in line with the Tribunal's previous order and the new provisions of Section 80IA(4)(ii) for the AY 2004-05.
13. Ground No.3 regarding the disallowance u/s 43B for non-deposit of employees' contribution towards GPF was not pursued by the assessee and was dismissed.
14. The appeal was partly allowed based on the above decisions.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision regarding the disallowance of claim u/s 80IA and additions made u/s 43B for employees' contribution towards GPF.

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