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2014 (1) TMI 1260 - AT - Income TaxDeduction u/s 80HHE of the Act profit of the concerned business is to be considered or profit of all the business to be considered - net result is loss - Held that - The net result of the computation in respect of any source of business, if it is a loss, can be adjusted against the income from any other business as provided in section 70(1) - Therefore, when Explanation (d) provides that the expression profits of the business means the profits of the business as computed under the head Profits and gains of business , it means the profits of the eligible business as computed under the aforesaid head - It has possibly been enacted to clarify or explain that the profits of the eligible business is not what the books of account of the assessee show and it can only be what the assessment order shows - It is also significant that sub-section (3) as well as Explanation (d) refer only to profits of the business and not the profits of all the businesses carried on by the assessee - This reasoning also takes care of the argument of the learned CIT DR based on section 80IA(5) relying upon Datamatics Limited. Versus Assistant Commissioner Of Income-tax, Circle 8 (1), Mumbai 2007 (2) TMI 237 - ITAT BOMBAY-H - The Assessing Officer has not expressed any opinion on this point because according to his calculation the figure of business profits was negative and, therefore, even at the threshold the assessee s claim could not be entertained What would be the export turnover and the total turnover is not the subject matter of the present appeal - The ground as taken by the assessee is allowed - the deduction u/s 80HHE as claimed by the assessee allowed Decided partly in favour of Assessee. Disallowance u/s 14A of the Act Held that - The disallowance has been made in a proper manner by the assessee and even if the method adopted by the AO is to be adopted, even then, there cannot be a major difference in the disallowance, in fact, the computation made in the SOF in accordance with the AO s method also - the disallowance is coming at exactly the same figure - the disallowance cannot be sustained Decided in favour of Assessee.
Issues Involved:
1. Disallowance under Section 14A 2. Adhoc Addition by AO 3. Deduction under Section 80HHE 4. Reduction of Business Receipts for Computing Deduction under Section 80HHE 5. Levy of Interest under Section 234D Detailed Analysis: 1. Disallowance under Section 14A: The primary issue was the disallowance of Rs. 2,20,05,632 and Rs. 1,23,61,826 by the AO, against the disallowance computed by the assessee at Rs. 2,13,58,387 and Rs. 1,20,76,367, respectively. The assessee had already computed the disallowance using the average of opening and closing application of funds, aligning with Rule 8D of the Income Tax Rules, even before its formal introduction. The ITAT Mumbai upheld the method adopted by the assessee, stating that the disallowance should be made with reference to the net interest, as was done by the assessee. The Tribunal found no substantial grounds from the departmental authorities to discard the assessee's method and thus deleted the additional disallowance made by the AO. 2. Adhoc Addition by AO: The second issue was an adhoc addition of Rs. 2,94,174 made by the AO. This ground was not pressed by the assessee's representative and was therefore dismissed by the Tribunal. 3. Deduction under Section 80HHE: The third issue pertained to the computation of deduction under Section 80HHE. The AO had considered the profits of all business activities for this computation, resulting in a negative profit of business and thus disallowing the deduction claimed by the assessee. The Tribunal referred to its previous decision in the assessee's own case, where it was held that only the profits of the eligible business (back office support services) should be considered for the deduction under Section 80HHE. The Tribunal followed this precedent and allowed the deduction as claimed by the assessee. 4. Reduction of Business Receipts for Computing Deduction under Section 80HHE: The fourth issue involved the reduction of 90% of various business receipts from the business profits for computing the deduction under Section 80HHE. The Tribunal noted that the AO and CIT(A) had made this addition based on the preceding year's disallowance, which was reversed by the coordinate bench. The Tribunal held that the AO should have reduced 90% of net receipts and not gross receipts, aligning with the Supreme Court's decision in ACG Associated Capsules Pvt. Ltd. v/s. CIT. Therefore, the Tribunal allowed the grounds in favor of the assessee, although it was of academic interest due to the allowance of the primary deduction claim. 5. Levy of Interest under Section 234D: The fifth issue was the levy of interest under Section 234D amounting to Rs. 4,40,853/-. The AO levied this interest without providing reasons. The CIT(A) rejected the assessee's argument that Section 234D, inserted from 01-06-2003, should not apply to a refund granted on 15-02-2003. The Tribunal, considering the details and case laws, noted that the issue was deleted by the CIT(A) in the preceding year and was not contested by the Revenue. Thus, the Tribunal held that interest under Section 234D was not exigible and deleted the interest levied by the AO. Conclusion: The appeals filed by the assessee for assessment years 2002-03 and 2003-04 were partly allowed, with the Tribunal providing relief on several grounds, particularly concerning the disallowance under Section 14A, the computation of deduction under Section 80HHE, and the levy of interest under Section 234D. The order was pronounced in the open court in April 2012.
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