2018 (9) TMI 1823 - AT - Income Tax

Deduction u/s 80IC on account of disallowance of inflated purchases - Revenue said that when the assessee has not made any claim in the return of income for the amount claimed as deduction, the deduction cannot be allowed in view of the provisions contained u/s 80A (5) - HELD THAT - The assessee has certainly made the claim in the return as the AO himself shown the income from business at ₹ 3,36,83,304/- and in these circumstances, the deduction u/s 80IC is allowed on profit. So, the contention of the Revenue that the assessee has not made this claim in the return is wrong and incorrect. When the entire profit of the assessee is exempt u/s 80IC then the assessee is not supposed to enhance the expenditure. CIT (A) has rightly deleted the deduction u/s 80IC made by the AO on account of inflated purchases. - Decided against revenue. Deduction-u/s 80IC on account of disallowance u/s 40(a)(ia) - according to the provisions of Section 80A(5) where assessee fails to make claim in the return of income for deduction u/s 80IC, no deduction is allowable - HELD THAT - When the entire profit is deductible u/s 80IC, the disallowance u/s 40(a)(ia) would not make any difference as it would ultimately make the assessee eligible for its entire profit deductible u/s 80IC. Moreover, Revenue itself vide Circular No.37/2016 dated 02.11.2016 clarified that the ultimate profit of the assessee after adjusting disallowance u/s 40(a)(ia) would qualify for deduction under Chapter VI on the profits so enhanced by disallowance. So, in these circumstances, we find no illegality or perversity in the deletion of addition made by the ld. CIT (A) made u/s 40(a)(ia) by the AO. - Decided against revenue.

Summary

Issues involved:
1. Allowance of deduction u/s 80IC on account of disallowance of inflated purchases.
2. Allowance of deduction u/s 80IC on account of disallowance u/s 40(a)(ia).

Issue 1: Allowance of deduction u/s 80IC on account of disallowance of inflated purchases:

The appellant, Income-tax Officer, challenged the order passed by Ld. CIT (Appeals) seeking to set aside the decision regarding the allowance of deduction u/s 80IC for the assessment year 2009-10. The Assessing Officer disallowed a claim made under section 80IC due to purchases being made in a different location than the business activities. Additionally, a disallowance was made under section 40(a)(ia) of the Act. The assessee appealed to the CIT (A) who allowed the benefit u/s 80IC, leading to the Revenue's appeal to the Tribunal. The Tribunal noted that the assessee was eligible for deduction u/s 80IC on the entire eligible income, and the AO had already granted relief for the amount claimed in the return of income. The Tribunal held that disallowing inflated purchases did not affect the assessee's income eligibility for exemption u/s 80IC, as the profits remained the same even with disallowed purchases. The Revenue's argument that no claim was made in the return for the deduction was dismissed as incorrect, as the claim was evident from the AO's calculations. Therefore, the Tribunal upheld the CIT (A)'s decision to delete the deduction u/s 80IC based on inflated purchases.

Issue 2: Allowance of deduction u/s 80IC on account of disallowance u/s 40(a)(ia):

Regarding the deletion of the addition made by the AO under section 40(a)(ia), the Tribunal reiterated that since the entire profit was eligible for deduction u/s 80IC, the disallowance under section 40(a)(ia) did not impact the assessee's eligibility for the deduction. Referring to a Revenue circular, the Tribunal confirmed that disallowances related to business activities against which Chapter VI-A deduction was claimed would enhance profits eligible for deduction under Chapter VI-A. Therefore, the Tribunal found no illegality or perversity in the CIT (A)'s deletion of the addition made by the AO under section 40(a)(ia). Consequently, the appeal filed by the Revenue was dismissed, affirming the decisions made by the lower authorities.

This detailed analysis of the legal judgment addresses the issues of allowance of deductions u/s 80IC based on inflated purchases and disallowances under section 40(a)(ia). The Tribunal's reasoning and interpretation of relevant provisions from the Income Tax Act are presented to provide a comprehensive understanding of the judgment.