2018 (2) TMI 1873 - AT - Income Tax

Deduction u/s.10AA - profit from Airoli Unit which included interest income - HELD THAT - As relying on assessee s own case for AY A.Y.2010-11 2018 (6) TMI 1027 - ITAT MUMBAI the interest income on FDR were related to its business activity and eligible for deduction u/s 10AA - Decided in favour of assessee. Claim of employees contribution to PF and ESIC - payment before the due date of filing of income - HELD THAT - As decided in Hindustan Organics Chemicals Ltd.(2014 (7) TMI 477 - BOMBAY HIGH COURT) and Ghatge Patil Transporters Ltd. (2014 (10) TMI 402 - BOMBAY HIGH COURT) held that employee s contribution to PF had to allowed as deduction, if it was paid by the employer before the due date of filing of income. - Decided against revenue.

Summary

Issues Involved:
1. Deduction under Section 10AA of the Income Tax Act.
2. Inclusion of interest income in the deduction under Section 10AA.
3. Applicability of provisions of Section 115JB (Minimum Alternate Tax).
4. Allowance of employees' contribution to PF and ESIC paid beyond the due dates specified in respective Acts.

Issue-wise Detailed Analysis:

1. Deduction under Section 10AA of the Income Tax Act:
The Revenue was aggrieved by the CIT(A)'s order allowing the assessee's claim of deduction under Section 10AA. The assessee had filed its return declaring total income at Rs. Nil after claiming a deduction of ?30,32,07,143/- under Section 10AA and book profit at ?26,70,01,145/- under Section 115JB. The AO had assessed the total income under normal provisions at ?45,10,543/- and at book profit of ?26,70,01,145/- under Section 115JB. The CIT(A) directed the AO to allow the deduction under Section 10AA after considering the interest income as part of business income, following the precedent set in earlier assessment years (2010-11 and 2011-12), where similar issues were decided in favor of the assessee.

2. Inclusion of Interest Income in the Deduction under Section 10AA:
The AO observed that the interest income of ?25,02,849/- included in the profit on which the assessee computed the deduction under Section 10AA was not derived from the services/export activity. The AO reduced the business income by ?25,02,849/- and added it to the total income under the head "income from other sources." The CIT(A) and the Tribunal, in previous years, had considered interest income on fixed deposits pledged with banks as directly related to the export business and eligible for deduction under Section 10AA. The Tribunal upheld the CIT(A)'s decision, confirming that the interest income had a direct nexus with the export business and should be considered for deduction under Section 10AA.

3. Applicability of Provisions of Section 115JB (Minimum Alternate Tax):
During the assessment proceedings, the AO noted that the assessee had declared book profit under Section 115JB and later revised it to Nil. The AO held that book profit should be computed after making specified adjustments to the net profit, including income exempt under Section 10A & 10B. The CIT(A) directed the AO to exclude the income relating to the SEZ unit while computing book profit under Section 115JB, relying on the Tribunal's decisions in similar cases (Genesis International Ltd. and G Jewel Craft Ltd.). The Tribunal confirmed the CIT(A)'s order, deciding the issue against the AO.

4. Allowance of Employees' Contribution to PF and ESIC Paid Beyond the Due Dates:
The AO disallowed the employees' contribution to PF and ESIC amounting to ?15,66,633/- as they were paid beyond the due dates specified in the respective Acts. The CIT(A) deleted the addition, following the jurisdictional High Court's decisions in Hindustan Organics Chemicals Ltd. and Ghatge Patil Transporters Ltd., which allowed such contributions if paid before the due date of filing the return of income. The Tribunal upheld the CIT(A)'s order, confirming that the contributions paid before the due date of filing the return should be allowed as deductible revenue expenses under Section 43B.

Conclusion:
The appeal filed by the Revenue was dismissed. The Tribunal upheld the CIT(A)'s decision on all issues, including the allowance of deduction under Section 10AA, the inclusion of interest income in the deduction, the applicability of Section 115JB, and the allowance of employees' contribution to PF and ESIC paid before the due date of filing the return. The Tribunal's decision was pronounced in the open court on 19/02/2018.