2015 (2) TMI 247 - AT - Income Tax

Formula for computation of the deduction under Section 10-A - if once the expenditure is excluded from export turnover, it is to be excluded from total turnover as well - Held that - Parity of constituents between the export turnover and total turnover needs to be maintained while computing deduction u/s 10A of the Act. Also considering case of Gem Plus Jewellery (2010 (6) TMI 65 - BOMBAY HIGH COURT ), we direct the A.O. to exclude amounts from total turn over which are excluded from the export turnover to maintain the parity. - Decided in favour of assessee. Non-granting of TDS and advance tax and levy of adjusting interest under 244A of the Act - Held that - As seen from the Form 26AS as well as the claims made by assessee in the return of income, assessee did claim TDS of ₹ 8,65,898 and advance tax of ₹ 1,89,00,000 totaling to ₹ 1,97,65,898. However, A.O. allowed amount of ₹ 1,73,51,992. Since the claim of assessee was also supported by Form 26AS maintained by department, we direct the A.O. to give credit accordingly and re-workout the tax computations.- Decided in favour of assessee. Interest adjustment under section 244A of the Act - Held that - contention of assessee that no such interest was granted to assessee and therefore, adjustment of the same is not correct. This requires detailed verification by A.O. As no discussion was made in the order, we are unable to examine the contentions. We deem it fit to restore the issue to the file of A.O. to verify and give opportunity to assessee to explain, before adjusting any interest if any granted to assessee earlier. - Decided in favour of assessee for statistical purposes.

Summary

Issues involved:
1. Exclusion of expenditure from export turnover under section 10B of the Income Tax Act.
2. Non-granting of TDS and advance tax, and levy of adjusting interest under section 244A of the Act.
3. Adjusting interest under section 234C and 234D of the Act.
4. Initiation of penalty proceedings under section 271(1)(c) of the Act.

Detailed Analysis:
1. The primary issue in this case revolved around the exclusion of expenditure from export turnover under section 10B of the Income Tax Act. The appellant, engaged in computer software consultancy services, contested the inclusion of a specific expenditure in the export turnover calculation. The Dispute Resolution Panel (DRP) did not agree with the appellant's contention, leading to the appeal. The appellant argued that the expenditure in question was incurred for delivering software services outside India and not for accessing the internet. The appellant also claimed that if the expenditure was excluded from export turnover, it should also be excluded from total turnover. The appellant relied on various decisions, including one by the Hon'ble Bombay High Court. The Tribunal, considering past decisions and the legislative intent behind section 10B, directed the Assessing Officer to exclude the amounts from total turnover that were excluded from export turnover to maintain parity, thereby allowing the appellant's appeal on this issue.

2. The second issue pertained to the non-granting of Tax Deducted at Source (TDS) and advance tax, along with the levy of adjusting interest under section 244A of the Act. The appellant claimed higher amounts for TDS and advance tax compared to what was allowed by the Assessing Officer. The Tribunal, after reviewing the appellant's claims supported by Form 26AS, directed the Assessing Officer to give credit accordingly and re-calculate the tax computations, thereby partially allowing the appeal on this issue.

3. The third issue involved the adjustment of interest under sections 234C and 234D of the Act. The Tribunal directed the Assessing Officer to re-calculate the interest consequent to reworking the total income and giving credit to the prepaid amounts claimed by the appellant.

4. The final issue related to the initiation of penalty proceedings under section 271(1)(c) of the Act, which the Tribunal deemed premature to adjudicate at that point, leading to the rejection of the appeal on this ground.

In conclusion, the Tribunal partly allowed the appellant's appeal for statistical purposes, addressing the key issues of exclusion of expenditure from export turnover, non-granting of TDS and advance tax, adjustment of interest, and penalty proceedings.