2013 (6) TMI 44 - HC - Income Tax

Deduction u/s 80HHE - reduction of foreign exchange earning paid for providing technical services out side India from income derived in foreign exchange - held that - Tribunal has not examined the factual position satisfactorily and, therefore, while setting aside the order of the Tribunal relating to this question, the matter has been remanded to the Assessing Officer to examine this question afresh in the light of the material to be placed by the assessee before him. - matter remanded back to ITAT. Exclusion of interest income and dividend income - held that - While it is no doubt true that 90 per cent. of the amount is excluded in arriving at the profits of the business of the assessee attributable to this receipt, i.e., under the head of miscellaneous income, the gross receipts, nevertheless, form part of the total business turnover of the assessee for the purpose of arriving at the total turnover, as indicated in clause (e) of the Explanation to section 80HHE of the Act, the amount mentioned therein has to be excluded. - receipts for the purpose of miscellaneous income under the residuary head necessarily be as part of total turnover and, therefore, the Tribunal was not right in reversing the finding of the Assessing Officer on this aspect. - such is the view taken by the Supreme Court in the case of CIT v. K.Ravindranathan Nair 2007 (11) TMI 10 - Supreme Court of India . - Decided in favor of revenue.

Issues:
1. Whether expenditure incurred in foreign exchange by providing technical services outside India should be reduced from the export turnover for computing deduction under section 80HHE.
2. Whether interest income and dividend income should be excluded from business profits for computing deduction under section 80HHE.
3. Whether income under the head miscellaneous income should be excluded from total turnover for computing deduction under section 80HHE.

Analysis:

1. The first issue pertains to whether expenditure incurred in foreign exchange for providing technical services outside India should be deducted from export turnover for calculating deduction under section 80HHE. The court found that the Tribunal had not satisfactorily examined the factual position. Therefore, the order of the Tribunal was set aside, and the matter was remanded to the Assessing Officer for fresh examination based on the material provided by the assessee. The court answered this question in favor of remanding the matter to the Assessing Officer.

2. The second issue involves the exclusion of interest income and dividend income from business profits for the purpose of computing deduction under section 80HHE. The court reframed the question to determine whether 90% of dividend and interest receipts should be excluded to arrive at business profits. Citing relevant decisions, the court concluded that the net of the receipts should be considered, not the gross, for computing business profits. Therefore, this question was answered in the affirmative and in favor of the assessee.

3. The final issue concerns whether income under the head miscellaneous income should be excluded from total turnover for computing deduction under section 80HHE. The court noted that while 90% of the amount was excluded in arriving at business profits attributable to miscellaneous income, the gross receipts were part of the total business turnover. Referring to the Explanation to section 80HHE, the court held that receipts under miscellaneous income must be included in the total turnover. The court disagreed with the Tribunal's decision to exclude miscellaneous income from total turnover. This question was answered in the negative, in favor of the Revenue.

In conclusion, the appeal was allowed in part. The first issue was remanded to the Assessing Officer, the second issue was decided in favor of the assessee, and the third issue was decided in favor of the Revenue. The court's decision was based on a detailed analysis of the relevant legal provisions and precedents cited by both parties.

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