2012 (9) TMI 318 - AT - Income Tax

Deduction u/s 80IC - dis-allowance - manufacturing of foundation anchor rods for windmills on its own behalf and on behalf of the third party - dis-allowance - Held that - Issue stands covered by the order of the Tribunal in assessee s own case relating to AY 2005-06 wherein it was held that activity carried on by the assessee amounts to manufacture and the profits earned by the assessee from carrying on the manufacturing activity are eligible for the deduction u/s 80IC Addition made on account of technical knowhow charges taking the same as income of the assessee from undisclosed sources, not eligible for deduction u/s 80IC - Held that - Issue raised in the present appeal is identical to the issue raised in the earlier years and following the same it is held that bifurcation in the income from business and income from undisclosed sources has been carried out by the AO only on presumptions, which have no basis. No merit in the said estimation of income from undisclosed sources. Deduction u/s 80IC is allowed - Decided in favor of assessee

Summary

Issues:
1. Disallowance of deduction claimed under section 80IC of the Income Tax Act.
2. Deletion of addition made on account of technical knowhow charges.

Issue 1: Disallowance of deduction claimed under section 80IC of the Income Tax Act:
The appeal concerns the disallowance of a deduction claimed under section 80IC of the Income Tax Act for the assessment year 2008-09. The appellant, engaged in manufacturing foundation anchor rods for windmills, claimed the deduction for manufacturing activities. The Assessing Officer did not allow the deduction, citing a survey operation and previous assessments. However, the CIT(A) allowed the claim based on Tribunal orders from prior years. The Tribunal upheld the CIT(A)'s decision, stating that the appellant's activities qualified for the deduction under section 80IC. The Tribunal referred to earlier judgments and held that the appellant's manufacturing activities were eligible for the deduction, dismissing the Revenue's appeal on this ground.

Issue 2: Deletion of addition made on account of technical knowhow charges:
The second issue revolves around the deletion of an addition made on account of technical knowhow charges, treated as income from undisclosed sources and deemed ineligible for deduction under section 80IC. The Tribunal referred to previous judgments related to assessment years 2005-06 and 2006-07 where similar issues were addressed. The Tribunal found the Assessing Officer's estimation of business income and treatment of trading balance as income from undisclosed sources to lack merit. It was noted that the Assessing Officer's actions were based on assumptions and lacked evidence. The Tribunal directed the Assessing Officer to assess the total profits shown by the appellant as income from business, making them eligible for the benefit of deduction under section 80IC. Consequently, the Tribunal dismissed the Revenue's appeal on this issue, aligning with previous decisions and upholding the appellant's position.

In conclusion, the judgment by the Appellate Tribunal ITAT, Chandigarh addressed two key issues concerning the disallowance of a deduction under section 80IC of the Income Tax Act and the deletion of an addition related to technical knowhow charges. The Tribunal's detailed analysis, referencing past judgments and legal principles, resulted in the dismissal of the Revenue's appeal on both grounds, affirming the appellant's eligibility for the claimed deductions and benefits under the Act.