2016 (2) TMI 1230 - AT - Income Tax

Deduction u/s 80IB - scrap sale income of Goa unit - AO excluded scrap sale while computing the deduction holding that the same is not derived from industrial undertaking - HELD THAT - As in FINOLEX CABLES LTD. AND VICE-VERSA 2011 (7) TMI 1153 - ITAT PUNE the profit on sale of scrap material since had a direct link or nexus with the industrial undertaking and therefore, it is eligible for deduction u/s 80IB. Considering the similarity in language used in sections 80HH and 80IB we are of the considered opinion that the assessee should succeed in this regard also. Also see PREETAM ENTERPRISES VERSUS JT. CIT RANGE 1, KOLHAPUR 2011 (4) TMI 1230 - ITAT PUNE - Decided against revenue. Depreciation on goodwill - HELD THAT - As decided in SMIFS SECURITIES LTD. 2012 (8) TMI 713 - SUPREME COURT Explanation 3 states that the expression 'asset' shall mean an intangible asset, being know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature. A reading the words any other business or commercial rights of similar nature' in clause (b) of Explanation 3 indicates that goodwill would fall under the expression any other business or commercial right of a similar nature' - Decided in favour of assessee.

Summary

Issues:
1. Eligibility of scrap sale income for deduction u/s. 80IB of the Income Tax Act, 1961.
2. Allowability of depreciation on goodwill.

Issue 1: Eligibility of scrap sale income for deduction u/s. 80IB:
The appeal was filed by the Revenue against the order of the Ld. CIT(A)-24, Mumbai dated 31.05.2013 pertaining to assessment year 2009-10. The primary contention revolved around whether scrap scale income of a Goa unit amounting to Rs. 10,79,232 was eligible for deduction u/s. 80IB of the Act. The Assessing Officer initially excluded scrap sale income from the deduction calculation, arguing it was not derived from the industrial undertaking. However, the assessee contended that scrap sale was part of the manufacturing activities and thus should be considered income from industrial operations. The Ld. CIT(A) supported the assessee's claim, citing precedents from the ITAT Ahmedabad Bench and Mumbai Bench in favor of allowing the deduction for scrap sale income. The Ld. Departmental Representative opposed this view, arguing against considering scrap sale as income derived from the industrial undertaking. The assessee's counsel emphasized the direct link between scrap sale and manufacturing activities, citing relevant case laws to support the claim. Ultimately, the Tribunal upheld the Ld. CIT(A)'s decision, following precedents and finding in favor of the assessee regarding the eligibility of scrap sale income for deduction u/s. 80IB.

Issue 2: Allowability of depreciation on goodwill:
The second issue raised by the Revenue was regarding the Ld. CIT(A)'s decision to allow depreciation on goodwill. The Ld. Counsel for the assessee relied on the decision of the Hon'ble Supreme Court in the case of CIT Vs Smifs Securities Ltd., (348 ITR 302). The Supreme Court's judgment clarified that goodwill falls under intangible assets, as specified in Explanation 3(b) to Section 32(1) of the Income Tax Act, 1961. The Court emphasized that goodwill is an asset under the Act, and depreciation on goodwill is allowable. The factual findings regarding the origin of goodwill and the consideration paid during amalgamation were crucial in determining the eligibility for depreciation on goodwill. The Tribunal upheld the Ld. CIT(A)'s decision based on the Supreme Court's ruling, concluding that goodwill qualifies as an asset for depreciation under the Act. Therefore, the Tribunal dismissed the Revenue's appeal, affirming the allowance of depreciation on goodwill.

In conclusion, the Tribunal's judgment addressed the issues of eligibility of scrap sale income for deduction u/s. 80IB and the allowability of depreciation on goodwill. The decision was based on legal interpretations, precedents, and factual findings, ultimately upholding the decisions of the Ld. CIT(A) in both matters.