2010 (6) TMI 896 - AT - Income Tax

Summary

Issues Involved:
1. Deduction u/s 80IB based on the submission of the audit report.
2. Treatment of installation and service charges for deduction u/s 80IB.
3. Disallowance of commission and consultancy expenses.
4. Quantification of deduction u/s 80IB in the cross-objection.

Summary:

1. Deduction u/s 80IB based on the submission of the audit report:
The revenue's appeal contended that the assessee's claim for deduction u/s 80IB was invalid as the mandatory audit report was not submitted with the return of income but was obtained later. The CIT(A) allowed the deduction, considering the delay as procedural, citing judicial precedents. The Tribunal upheld this view, stating that the audit report's availability during assessment amounted to substantial compliance, dismissing the revenue's ground.

2. Treatment of installation and service charges for deduction u/s 80IB:
The revenue argued that installation and service charges should not be considered income derived from the manufacturing activity. The CIT(A) directed the AO to recompute the deduction, considering only the installation charges related to the sale of manufactured items. The Tribunal agreed that installation charges from own manufactured goods are integral to the manufacturing process and eligible for deduction, but service charges are not. The AO was directed to recompute the deduction accordingly.

3. Disallowance of commission and consultancy expenses:
The revenue challenged the deletion of disallowance of commission and consultancy expenses by the CIT(A), arguing that the CIT(A) effectively set aside the issue to the AO, which is not permitted. The Tribunal found that the CIT(A) had given a clear direction to the AO to verify the details and restrict disallowance only where details were not provided. This was within the CIT(A)'s powers, and the revenue's ground was dismissed.

4. Quantification of deduction u/s 80IB in the cross-objection:
The assessee's cross-objection argued for the correct quantification of deduction u/s 80IB, considering net profit from installation charges. The Tribunal restored the issue to the AO to compute the deduction, excluding expenses related to non-eligible receipts, following the principle of netting as per the Special Bench decision in Lalsons Enterprises Vs. DCIT. The AO was directed to reframe the assessment after allowing a reasonable opportunity of hearing to the assessee.

Conclusion:
The appeal of the revenue and the cross-objection of the assessee were both partly allowed. The Tribunal provided specific directions for the AO to follow in recomputing the deductions and disallowances.