2013 (11) TMI 575 - AT - Income Tax

Computation of deduction u/s 80HHC of the Income tax act - The assessee company is engaged in the business of providing consultancy services for railway projects. Assessee has claimed u/s. 80HHC deduction of Rs. 2,51,07,351/- Held that - Where an assessee runs and manages two separate units, one of which is engaged fully or partially in earning income through exports then, in the calculation of proportionate deductible profits for the purpose of deduction under S. 80HHC the total turnover of the business would include only the turnover of the export business and not that of the domestic business - Same issue has been decided in favour of the assessee by the Tribunal in assessee s own case for asstt. Year 1995-96 and 1996-97 Decided against the Revenue.

Summary

Issues involved:
1. Deduction u/s. 80HHC calculation
2. Exclusion of interest on deferred receivables

Issue 1: Deduction u/s. 80HHC calculation

The appeal by the Revenue challenged the Ld. Commissioner of Income Tax (Appeals)'s order regarding the deduction u/s. 80HHC for the assessment year 2000-01. The Ld. AO disallowed the deduction claimed by the assessee for Rs. 2,51,07,351/- as per the certificate by C.A. The AO observed that the assessee had not allocated indirect costs correctly as per the provisions of Sec. 80HHC(3)(b) and explanation (e). The AO issued a show cause notice to the assessee, but no response was received. Consequently, the deduction was recomputed, leading to the disallowance of the claimed amount. The Ld. CIT(A) upheld the assessee's claim based on precedents and decisions from the Madras High Court and other cases. The Ld. CIT(A) noted that the indirect costs should only be related to the trading in export commodities for the purpose of deduction u/s. 80HHC. The Tribunal affirmed the Ld. CIT(A)'s decision, citing relevant case laws and holding that the issue was in favor of the assessee due to maintaining separate accounts for export business.

Issue 2: Exclusion of interest on deferred receivables

Regarding the exclusion of Rs. 9,25,11,213/- on account of interest on deferred receivables from Iraq, the assessee had excluded this amount from the computation of total income, stating it was accounted for legal requirements without any accrual or receipt of income. The Ld. AO disallowed the claim, adding the amount to the assessee's income. The Ld. CIT(A) directed the exclusion of this amount from the total income, citing previous orders for the assessment year 1999-2000. The Tribunal found the issue in favor of the assessee based on previous Tribunal orders for different assessment years, dismissing the Revenue's appeal. The Tribunal's decision was consistent with the assessee's position and upheld the exclusion of the interest amount.

In conclusion, the Tribunal upheld the Ld. CIT(A)'s decisions on both issues, affirming the deduction u/s. 80HHC calculation and the exclusion of interest on deferred receivables. The Tribunal relied on relevant legal provisions, precedents, and the assessee's compliance with statutory requirements to support its judgments.