2014 (12) TMI 59 - HC - Income Tax

Computation of deduction u/s 80-I - Service charges to be included in profits of industrial undertaking or not - Held that - Assessee is entitled to claim deduction u/s 80-I of the Act - assessee had shared a common office with M/s. Interarch - The Tribunal has rightly and correctly recorded that the AO was bound to determine the profits of the industrial undertaking and while computing the profit, the receipts of the industrial undertaking and the expenditure incurred for carrying out the business of the industrial undertaking have to be taken into consideration - only the expenditure relating to the industrial undertaking would be deducted - The expenditure incurred by the assessee would not be included in the expenditure incurred for the business of M/s. Interarch and was reimbursed to the assessee the order of the tribunal is upheld Decided against revenue.

Summary

Issues:
1. Interpretation of Section 80-I of the Income Tax Act, 1961 regarding deduction eligibility.
2. Treatment of service charges received from another entity in computing profits of an industrial undertaking.

Analysis:
1. The appeal pertains to the interpretation of Section 80-I of the Income Tax Act, 1961, for the assessment year 1994-95. The main question of law was whether service charges received from another entity should be included in the profits of an industrial undertaking for computing deduction under Section 80-I of the Act.

2. The respondent-assessee shared a common office with another entity, M/s. Interarch, and received service charges amounting to Rs. 2,20,500 from them. The Revenue contended that this amount should be excluded from the computation of deduction under Section 80-I as it was not part of industrial activities. The Assessing Officer and the Commissioner of Income Tax (Appeals) agreed with this exclusion, but the Income Tax Appellate Tribunal accepted the assessee's plea.

3. The Tribunal correctly noted that for computing the profits of an industrial undertaking under Section 80-I, both the receipts of the industrial undertaking and the expenditure related to its business activities must be considered. The service charges received were not income derived by the industrial undertaking, and the amount incurred by M/s. Interarch was not an expenditure of the assessee. Only expenses directly related to the industrial undertaking are deductible.

4. The judgment emphasized that the expenditure incurred by M/s. Interarch was for their own business activities and was reimbursed to the assessee. The revenue did not challenge the fact that the amount paid did not exceed the actual expenditure of M/s. Interarch, nor did it reduce the assessee's expenses. Therefore, the service charges received should not be considered as part of the assessee's profits eligible for deduction under Section 80-I.

5. Consequently, the appeal was dismissed, and the substantial question of law was answered in favor of the respondent-assessee. The judgment clarified that only expenses directly related to the industrial undertaking can be deducted for computing profits under Section 80-I of the Income Tax Act, 1961.