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2015 (10) TMI 168 - AT - Income TaxCalculation of deduction u/s 80IB - excluding gross or net CENVAT/MODVAT receipts - Held that - We are not convinced with claim of net receipts on CENVAT receipts as there cannot be any expenditure. However, the Assessing Officer shall examine as to whether expenditure has been incurred for earning the income. The Assessing Officer shall after providing reasonable opportunity to the assessee to submit necessary proof and evidence regarding allocation/allowability of such expenditure against the receipts to be excluded, decide the issue in accordance with law. - Decided in favour of assessee for statistical purposes.
Issues:
Deduction u/s 80IB for profits derived from industrial undertaking, treatment of other income including CENVAT/MODVAT receipts, education cess receipts, and freight receipts, applicability of Supreme Court decisions, exclusion of "gross" or "net" receipts for deduction calculation. Analysis: 1. The appellant, a company in the business of manufacturing Zinc products, filed its return for A.Y. 2007-08 showing Nil income under normal provisions and &8377; 18,48,590 under MAT provisions. The Assessing Officer determined the total income at &8377; 1,78,51,426 by reducing other income of &8377; 1,64,11,809 from eligible profits while calculating deduction u/s 80IB. The AO excluded various items like freight receipts, CENVAT, MODVAT receipts, agricultural income, and education cess receipts from the eligible business profits for deduction u/s 80IB, despite the appellant's contention that these receipts were incidental to the industrial undertaking. The AO relied on judicial decisions to disallow &8377; 1,78,51,426 from the claimed deduction amount of &8377; 1,84,68,405. 2. During the appellate proceedings, the appellant cited a previous case where CENVAT/MODVAT receipts were directed to be included in business profits for deduction u/s 80IB. However, the ITAT reversed this decision, holding that such receipts should be excluded, based on the Supreme Court ruling in Liberty India vs. CIT. The appellant also referred to a Delhi High Court judgment distinguishing excise duty refund from DEPB credit. The CIT(A) upheld the exclusion of CENVAT/MODVAT and education cess receipts from eligible profits for deduction u/s 80IB, following the ITAT's decision and the Supreme Court ruling. 3. The appellant challenged the CIT(A)'s decision, arguing for the exclusion of only "net other income" not attributable to business income, instead of the entire "gross other income." The appellant contended that the deduction u/s 80IB should not have been restricted to &8377; 6,16,979. The Department, however, supported the CIT(A)'s decision, citing the Supreme Court's ruling in ACG Associated Capsules Pvt. Ltd. vs. CIT. 4. The Tribunal noted that deductions under sections 80HH, 80J, 80IB, and 80IA are based on income derived from specific undertakings, requiring the exclusion of receipts and expenditures not closely related to the business. Referring to the ACG Associated Capsules case, the Tribunal emphasized that only the net income of certain receipts should be excluded from business profits. The Tribunal directed the Assessing Officer to examine if any expenditure was incurred for earning the excluded income, particularly regarding CENVAT receipts, and decide the issue accordingly. 5. Consequently, the Tribunal allowed the appeal for statistical purposes, emphasizing the need for a thorough examination of expenditure related to excluded receipts. The order was pronounced on 29th October 2014.
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