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2013 (11) TMI 112 - AT - Income TaxDeduction u/s 80HHC Computation of book profit u/s 115JB - Held that - Following Ajanta Pharma Ltd. vs. CIT (SC) 2010 (9) TMI 8 - SUPREME COURT The amount of profit eligible for deduction u/s 80HHC has to be reduced and the computation has to be made on the basis of book profit and not as per regular provisions of the Act - Relief will be computed u/s 80HHC (3)/(3A), subject to the conditions under sub-sections (4) and (4A) of that Section. The condition is only that relief should be certified by the Chartered Accountant. Such condition is not a qualifying condition, but, is a compliance condition. In accordance with the Section 115JB it has been clearly stated that relief will be computed u/s 80HHC (3)/(3A), subject to the conditions under sub-sections (4) and (4A) of that Section. The condition is only that relief should be certified by the Chartered Accountant - one cannot rely upon the last sentence in clause (iv) of Explanation to section 115JB (subject to the conditions specified in sub-section (4) and (4A) of that section) to obliterate the difference between eligibility and deductibility of profits - Decided against Revenue.
Issues:
- Disallowance of deduction claimed under section 80HH of the Income Tax Act, 1961. - Computation of book profits under section 115JB and eligibility of deduction under section 80HHC. - Applicability of Sunset Clause to deduction under section 80HHC. - Validity of the CIT (A) order. - Computation of deduction u/s 80HHC including miscellaneous and interest income. Analysis: 1. The appeals by the revenue challenged the CIT (A) orders for Assessment Years 2003-04 & 2004-05 regarding the disallowance of deduction under section 80HH of the Income Tax Act, 1961. The issue raised in both appeals was common and related to the computation of book profits under section 115JB and the eligibility of deduction under section 80HHC. 2. The Assessing Officer disallowed the deduction claimed under section 80HHC as the assessee's income under normal provisions was nil due to brought forward business loss/depreciation. The CIT (A) held that the deduction u/s 80HHC should be allowed while computing book profit under section 115JB, based on a Special Bench decision and the reversal of a High Court judgment by the Supreme Court. 3. The revenue contended that the assessee was not eligible for deduction u/s 80HHC due to no profit after set off against losses. The revenue argued that the deduction should be reduced in accordance with the Sunset Clause, which the CIT (A) did not apply based on the Supreme Court's decision. 4. The issue of reducing miscellaneous and interest income while computing book profit was raised by the revenue in the rejoinder. However, the ITAT rejected this argument, stating that relief under section 115JB is subject to compliance conditions, not qualifying conditions, as clarified by the Supreme Court in a related case. 5. The ITAT upheld the CIT (A) order, citing judicial pronouncements and the approval of a Special Bench decision by the Supreme Court. The appeals by the revenue were dismissed, finding no infirmity in the CIT (A) order on the grounds raised. 6. The decision emphasized that the quantum of deduction u/s 80HHC under section 115JB is limited to the relief certified by the Chartered Accountant, and compliance conditions must be met. The ITAT concluded that the CIT (A) decision was in line with legal precedents and dismissed the appeals by the revenue. This detailed analysis covers the issues raised in the judgment, providing a comprehensive understanding of the legal aspects and decisions made by the ITAT Delhi.
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