2017 (6) TMI 1260 - AT - Income Tax

Disallowing the deduction U/s 80-IA - additional evidence filed - Held that - It is appropriate to remit the entire issue back to the file of the Assessing Officer to examine the issue afresh after considering the contract documents as a whole and all other evidence that may be submitted by the assessee to demonstrate the facts that actual work was executed by the assessee and IMAGE did not claim any deduction u/s. 80IA of the Act. Set aside the order of the ld. Commissioner of Income Tax (Appeals) and direct the ld. Assessing Officer to decide the issue afresh after considering the ratio laid down in the list of cases at para 6 herein above. Appeal of the assessee is allowed for statistical purpose.

Summary

Issues Involved:
1. Eligibility for deduction under Section 80-IA of the Income Tax Act, 1961, for the Kerala unit.
2. Validity of the agreement between the assessee and the Indian Medical Association (IMA) for claiming the deduction.
3. Compliance with the conditions laid down under Section 80-IA(4) for infrastructure facilities.

Issue-wise Detailed Analysis:

1. Eligibility for Deduction under Section 80-IA of the Income Tax Act, 1961, for the Kerala Unit:
The primary issue revolves around the eligibility of the assessee to claim a deduction under Section 80-IA for the profits derived from the Kerala unit. The assessee, a private limited company engaged in the handling, treatment, and disposal of bio-medical waste, claimed a deduction under Section 80-IA for the Kerala unit. The Assessing Officer disallowed the deduction on the grounds that the approval issued by the Kerala State Pollution Control Board was not in the name of the assessee. The Commissioner of Income Tax (Appeals) upheld this disallowance, stating that the assessee did not fulfill the conditions laid down under Section 80-IA(4) as it did not have a direct agreement with the Kerala State Pollution Control Board.

2. Validity of the Agreement between the Assessee and the Indian Medical Association (IMA) for Claiming the Deduction:
The assessee argued that it had entered into an agreement with the Indian Medical Association (IMA) Kerala State Branch, which operates a composite bio-medical waste management system under the scheme IMAGE (IMA Goes Eco-Friendly). The assessee contended that this agreement should be considered as an agreement with a statutory body, fulfilling the conditions of Section 80-IA(4). The Assessing Officer and the Commissioner of Income Tax (Appeals) did not accept this argument, stating that the approval from the Kerala Pollution Control Board was not in the name of the assessee, thus disqualifying it from claiming the deduction.

3. Compliance with the Conditions Laid Down under Section 80-IA(4) for Infrastructure Facilities:
Section 80-IA(4) stipulates that the deduction is available to an enterprise that has entered into an agreement with the Central or State Government, local authority, or any other statutory body for developing, operating, and maintaining a new infrastructure facility. The assessee argued that it met these conditions through its agreement with IMA and the subsequent approval from the Kerala Pollution Control Board through IMAGE. The Commissioner of Income Tax (Appeals) and the Assessing Officer, however, maintained that the assessee did not have a direct agreement with the Kerala Pollution Control Board, thus failing to meet the statutory requirements.

Conclusion and Remand:
The Tribunal, after considering the arguments and evidence, decided to remit the issue back to the Assessing Officer for a fresh examination. The Assessing Officer was directed to consider the contract documents and other evidence submitted by the assessee to demonstrate that the actual work was executed by the assessee and that IMAGE did not claim any deduction under Section 80-IA. The Tribunal set aside the order of the Commissioner of Income Tax (Appeals) and directed the Assessing Officer to decide the issue afresh, taking into account the relevant case laws and providing a reasonable opportunity for the assessee to be heard.

Final Orders:
The appeals for both assessment years 2010-2011 and 2012-2013 were allowed for statistical purposes, and the matter was remanded back to the Assessing Officer for a fresh decision.

Pronouncement:
The order was pronounced on 21st June 2017, at Hyderabad.