2016 (1) TMI 891 - AT - Income Tax

Eligibility for deduction u/s 10AA - CIT(A) allowed the claim - Held that - It is required to examine many factual aspects relating to the claim of the assessee by duly considering the submissions of the assessee, books of accounts of old and new M/s H.K.Jewels, the books of accounts of the assessee, the terms and conditions relating to Letter of Permission etc. With regard to the labour charges also, we notice that the Ld CIT(A) has not examined the crucial aspect, i.e., whether the claim of the assessee that the labour charges were received in foreign exchange is correct or not. Further, we notice that the various case laws referred to by Ld CIT(A) relate to the goods manufactured by the assessee by outsourcing, where as, in the instant case, M/s Vaibhav Gems Ltd has outsourced the production activities to the assessee. Hence those case laws would apply to M/s Vaibhav Gems Ltd and not to the assessee. To this extent, in our view, Ld CIT(A) has misdirected himself. Hence, this issue also requires fresh examination. There should not be any dispute that the law can be applied correctly only, if the relevant facts are very much clear. The foregoing discussions show that there is no clarity on facts of the present case and hence they need to be brought on record correctly. In view of the above, we set aside the orders passed by Ld CIT(A) in all the three years under consideration and restore all the issues to the file of the assessing officer with the direction to examine the issue afresh from all the angles that may be required. - Decided in favour of revenue for statistical purposes.

Summary

Issues:
- Eligibility for deduction u/s 10AA of the Income Tax Act, 1961.
- Transfer of assets and liabilities under Deed of Assignment.
- Commencement of production and purchase of machinery.
- Claim of deduction for labour charges received.

Eligibility for Deduction u/s 10AA:
The appeals by the revenue challenged the decision of the CIT(A) regarding the eligibility of the assessee for deduction u/s 10AA. The revenue contended that the CIT(A) overlooked crucial aspects such as the formation of the undertaking by reconstruction of an existing business, purchase of old machinery, and commencement of production before the stipulated date. The CIT(A) held in favor of the assessee, emphasizing that the project was transferred due to the non-completion by the previous firm, the machinery purchase constituted a small portion of total assets, and the labour charges were justifiable under the deduction provision.

Transfer of Assets and Liabilities under Deed of Assignment:
The case involved the transfer of assets and liabilities from one firm to another under a Deed of Assignment. The timeline of the transfer, commencement of production, and purchase of machinery were critical factors in determining the eligibility for deduction u/s 10AA. The assessing officer and CIT(A) differed in their interpretations, leading to the appeals by the revenue.

Commencement of Production and Purchase of Machinery:
The AO raised concerns about the purchase of materials and machinery in the name of the old firm, the date of commencement of production, and the transfer of machinery from the old firm to the new business. The provisions of section 10AA regarding the commencement of production after a specified date and restrictions on transferred machinery were central to the dispute.

Claim of Deduction for Labour Charges Received:
The issue of claiming deduction for labour charges received by the assessee was also contested. The CIT(A) allowed the deduction based on the supervision of manufacturing work by the assessee, while the revenue challenged the substantiation of the charges being received in foreign currency. The discrepancy in facts and legal interpretations necessitated a fresh examination by the assessing officer.

The ITAT Mumbai, in its consolidated order, set aside the CIT(A)'s decisions in all three years under consideration. The case was remanded to the assessing officer for a comprehensive reevaluation of all issues, considering the factual discrepancies and legal aspects raised by both parties. The assessing officer was directed to conduct a thorough examination, afford necessary opportunities for submissions, and ensure the correct application of the law based on clear and accurate facts. The assessee was instructed to cooperate fully with the assessing officer for the timely completion of assessments.