2015 (11) TMI 924 - AT - Income Tax

Eligible deduction under Section 10A - Held that - In the light of the above facts and respectfully following the decision of the Hon ble Karnataka High Court in the case of Tata Elxsi Ltd. & Others (2011 (8) TMI 782 - KARNATAKA HIGH COURT) we direct the Assessing Officer to exclude the expenses incurred in foreign currency both from export turnover as well as from the total turnover while calculating the eligible deduction under section 10A of the Act. - Decided in favour of assessee. Determining the book profits u/s.115JB - MAT - carry forward business loss excluded - Held that - In the reassessment order the Assessing Officer has only considered the business loss which is the carry forward business loss of Assessment Year 2002-03 for computing the book profits under Section 115JB of the Act. The Assessing Officer however has not assigned any reasons or explained as to why the carry forward business loss for Assessment Year 2003-04 was not considered. Further as pointed out by the learned Authorised Representative of the assessee in the computation there appears to be a mistake in the computation made by the Assessing Officer. Be that as it may we also observe that the assessee has not properly explained the contradictions in the claims made by the assessee both in the earlier years and in the year under consideration in respect of the issue of determination of book profits under Section 115JB of the Act. We also find that the reconciliation statement filed by the assessee before us was not filed before the authorities below. In view of the above factual matrix of the case on this issue we are of the considered opinion that it would only be appropriate to remand the issue back to the file of the Assessing Officer for fresh consideration and adjudication thereon as per law after affording the assessee adequate opportunity of being heard and to file details/submissions required which shall be duly considered. - Decided in favour of assessee for statistical purposes.

Summary

Issues Involved:
1. Deduction under Section 10A of the Income Tax Act.
2. Reopening of assessment under Section 147.
3. Computation of 'book profits' under Section 115JB.

Issue-Wise Detailed Analysis:

1. Deduction under Section 10A of the Income Tax Act:

The Revenue challenged the CIT (Appeals)'s decision to exclude certain expenses from both export turnover and total turnover while computing the deduction under Section 10A. The CIT (Appeals) followed the Karnataka High Court's decision in Tata Elxsi Ltd. (349 ITR 98), which directed that if expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency. The Tribunal upheld the CIT (Appeals)'s decision, directing the Assessing Officer to exclude the expenses from both export and total turnover while calculating the deduction under Section 10A, in line with the Tata Elxsi Ltd. ruling.

In another appeal, the Revenue contended that the CIT (Appeals) erred in directing the Assessing Officer to compute the deduction under Section 10A without setting off losses from non-10A units against profits of 10A units, relying on the Karnataka High Court's decision in Yokogawa India Ltd. (341 ITR 345). The Tribunal upheld the CIT (Appeals)'s decision, following the Yokogawa India Ltd. judgment, which held that the income of 10A units should be excluded at source before computing the total income, and losses from non-10A units should not be set off against 10A unit profits.

2. Reopening of Assessment under Section 147:

The assessee challenged the reopening of the assessment for the Assessment Year 2004-05, arguing that all material facts were disclosed during the original assessment. However, during the proceedings, the assessee's representative stated that these grounds were not being pressed. Consequently, the Tribunal dismissed the grounds related to the reopening of the assessment as not pressed.

3. Computation of 'Book Profits' under Section 115JB:

The assessee contested the computation of 'book profits' under Section 115JB, arguing that the Assessing Officer incorrectly reduced only Rs. 1,25,979 as the amount of loss brought forward or unabsorbed depreciation, instead of the claimed Rs. 1,18,20,816. The CIT (Appeals) upheld the Assessing Officer's computation, noting discrepancies in the assessee's claims and figures from previous years.

During the Tribunal proceedings, the assessee submitted a reconciliation statement and relevant financial details, highlighting errors in the Assessing Officer's computation. The Tribunal found inconsistencies in the Assessing Officer's approach and noted that the reconciliation statement was not presented before the lower authorities. Therefore, the Tribunal remanded the issue back to the Assessing Officer for fresh consideration and adjudication, directing the assessee to provide necessary details and submissions.

Conclusion:

The Tribunal dismissed the Revenue's appeals regarding the Section 10A deductions and upheld the CIT (Appeals)'s decisions based on the Karnataka High Court's rulings in Tata Elxsi Ltd. and Yokogawa India Ltd. The Tribunal dismissed the assessee's grounds related to the reopening of the assessment as not pressed. The issue of computing 'book profits' under Section 115JB was remanded back to the Assessing Officer for fresh adjudication, allowing the assessee to present additional details and submissions.