2008 (2) TMI 327 - HC - Income Tax

Whether ITAT was correct in upholding that the Central Sales Tax and Sales Tax be not formed the part of total turnover while computing of deduction u/s 80 HHC Held, yes - Whether ITAT was right to upholding that the premium on sale of export quota, as incentive, which is not covered u/s 28(iiia), 28(iiib) & 28(iiic), be treated as Business Income instead of income from other sources in computation of deduction u/s 80 HHC Held, No revenue s appeal partly allowed

Summary

Issues:
1. Whether Sales Tax and Central Sales Tax should be included in total turnover for computing deduction u/s 80 HHC?
2. Whether premium on sale of export quota should be treated as 'Business Income' for deduction u/s 80 HHC?
3. Whether 90% of interest income assessable under 'income from other sources' should be excluded from business profit?

Analysis:
1. The appeal was filed by the Revenue against the ITAT order for the Assessment Year 2003-04. The Assessing Officer found discrepancies in the return filed by the assessee, including the non-inclusion of Sales Tax and Central Sales Tax in the total turnover for deduction u/s 80 HHC. The AO finalized the assessment by including these taxes in the turnover. The CIT(A) decided in favor of the assessee, and the ITAT upheld this decision, relying on the High Court of Bombay's judgment. The Revenue's appeal was dismissed on this issue.

2. The dispute regarding treating the premium on sale of export quota as 'Business Income' for deduction u/s 80 HHC was also addressed. The AO treated the premium as 'any other receipt of similar nature' and reduced 90% of it while computing the profit of the business. The CIT(A) and ITAT decided in favor of the assessee, following previous decisions. The Revenue's appeal on this issue was also dismissed.

3. The third issue involved the exclusion of 90% of interest income from the business profit and its assessment under 'income from other sources.' The CIT(A) relied on a decision related to a sister concern of the assessee for the Assessment Year 2002-03. The ITAT dismissed the Revenue's appeal on this ground, citing its own decision and that of the sister concern. Ultimately, the Tribunal's decision was upheld, and the Revenue's appeal was partly allowed based on the judgments of the High Court and the Supreme Court on the respective issues.

In conclusion, the judgment addressed the various discrepancies in the assessment related to turnover, premium income, and interest income, ultimately favoring the assessee on most issues based on previous legal precedents and interpretations of relevant tax laws.