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2013 (1) TMI 14 - AT - Income TaxComputation of income Deduction u/s 80IB(10) - Revenue recognition - No construction activity was carried out at all during the year - CIT(A) accordingly directed the A.O. to recompute the income of the assessee Held that - CIT(A) is only empowered either to confirm, reduce, enhance or annul the assessment. He has no power to set aside the matter to the AO for either framing assessment de novo or to compute the income in a particular manner. As far as findings on merit are concerned, none of the parties have any objection. Therefore, CIT(A) to compute the income himself in a manner prescribed by him in his order without interfering the findings on merit. Remand back to CIT(A) Disallowance of expenditure Section 14A read with rule 8D Expenditure in relation to earn exempt income - Restriction of administrative expenses Applicability of Rule 8D - Assessment year involved in the issue is 2007-08 Held that - Rule 8D would not be applicable in the case of the assessee as it would be applicable from assessment year 2008-09. Since the Revenue has not placed any judgment contrary to the judgment relied upon by the assessee. Therefore confirm the same. In favour of assessee
Issues Involved:
1. Deduction under section 80-IB of the Income-tax Act, 1961. 2. Jurisdiction of the CIT(A) to direct the Assessing Officer (AO) for recomputation of income. 3. Disallowance under section 14A read with Rule 8D. Issue-wise Detailed Analysis: 1. Deduction under section 80-IB of the Income-tax Act, 1961: The primary issue revolved around the assessee's claim for deduction under section 80-IB for the Anand Gooba Garden Project. The Assessing Officer (AO) disallowed this claim on the grounds that no construction activities were undertaken during the relevant previous year. The assessee contended before the CIT(A) that without construction, there could be no revenue recognition, and thus, no profit could be ascertained. The CIT(A) concluded that the income recognized by the assessee was hypothetical and did not conform to recognized accounting principles, directing the AO to recompute the income without recognizing any revenue or deduction under section 80-IB for the project. The CIT(A) further instructed the AO to adhere to the normal accounting methods in subsequent years and adjust the closing valuation of work-in-progress accordingly. 2. Jurisdiction of the CIT(A) to direct the Assessing Officer (AO) for recomputation of income: The Revenue challenged the CIT(A)'s directions to the AO for recomputation of income, arguing that the CIT(A) lacked jurisdiction to set aside the matter to the AO for recomputation as per section 251(1)(a) of the Act, a power withdrawn by the Finance Act, 2001. The Revenue emphasized that the CIT(A) could only confirm, reduce, enhance, or annul the assessment but not set it aside. The Tribunal agreed with the Revenue, stating that the CIT(A) should have computed the income himself rather than directing the AO. Consequently, the Tribunal instructed the CIT(A) to compute the income in the manner prescribed in his order without altering the findings on merit. 3. Disallowance under section 14A read with Rule 8D: The AO disallowed Rs.5,47,150 under section 14A read with Rule 8D, which was contested by the assessee on the grounds that Rule 8D was applicable only from the assessment year 2008-09, while the relevant year was 2007-08. The CIT(A) agreed that Rule 8D was inapplicable for the year in question but still made a disallowance of Rs.50,000 as administrative expenses. The CIT(A) noted that the assessee did not provide a cash flow statement to prove no nexus between interest-bearing funds and investments. The Tribunal upheld the CIT(A)'s decision, finding no infirmity in the restriction of administrative expenses to Rs.50,000, as the Revenue did not present any contrary judgment. Conclusion: The Tribunal partly allowed the Revenue's appeal for statistical purposes, affirming the CIT(A)'s findings on the merits of the deduction under section 80-IB and the restriction of administrative expenses under section 14A, but directing the CIT(A) to compute the income himself without setting aside the assessment to the AO.
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