2014 (3) TMI 429 - HC - Income Tax

Scrap sale Deduction u/s 80HHC and 80HHE of the Act Held that - The decision in Commissioner of Income-tax Versus Motor Industries Co. Ltd. 2009 (12) TMI 411 - KARNATAKA HIGH COURT followed - while computing the total turnover for the purpose of section 80HHC, the Assessing Officer is required to consider the value received by the sale of scrap also, as it cannot be excluded as the sale of scrap amount to a turnover in the domestic market - The excise duty paid by assessee for selling scrap has to be excluded Decided against Revenue. Exclusion of scrap sale from the turnover Held that - The decision in Commissioner of Income-tax Versus Motor Industries Co. Ltd. 2010 (8) TMI 333 - Karnataka High Court followed - The developmental work is intimately connected with the business of manufacture and sale of goods by the assessee - consideration received for developmental work is not liable to be deducted in computing the profits of the business Decided against Revenue.

Summary

Issues:
1. Deduction for contribution to benevolent funds
2. Exclusion of scrap sales from turnover for deduction under Sections 80HHC and 80HHE
3. Treatment of development fee for deduction under Sections 80HHC and 80HHE

Analysis:

Issue 1: Deduction for contribution to benevolent funds
The appeal questioned whether the assessee could claim a deduction for contributions to benevolent funds without demonstrating compulsion under the law. The Court referred to a previous judgment where a similar question was answered in favor of the assessee. As the revenue did not dispute this, the Court ruled in favor of the assessee based on the previous judgment.

Issue 2: Exclusion of scrap sales from turnover
Regarding the exclusion of scrap sales from turnover for calculating deductions under Sections 80HHC and 80HHE, the Court relied on a previous judgment where a similar question was answered in favor of the revenue. As both parties did not contest this, the Court ruled in favor of the revenue based on the previous judgment.

Issue 3: Treatment of development fee
The question of whether a 90% development fee should be deducted from business profits for computing deductions under Sections 80HHC and 80HHE was raised. A previous judgment answered this question in favor of the assessee. As the revenue did not challenge this, the Court ruled in favor of the assessee based on the previous judgment.

In conclusion, the Court disposed of the appeal, ruling in favor of the assessee on the deduction for contributions to benevolent funds and the treatment of development fees, and in favor of the revenue on the exclusion of scrap sales from turnover. No costs were awarded in this judgment.