2008 (11) TMI 36 - HC - Income Tax

Deduction u/s 80-IB AO disallowed the amount which was received by the assessee from its customers on account of interest towards delayed payments holding that it could not be regarded as part of profits & gains arising from an industrial undertaking - Tribunal allowed the payments subject to the verification by AO that interest had been received on account of late payment of sale consideration - no reason to interfere with the order passed by the Tribunal revenue appeal dismissed

Summary

Issues:
1. Computation of deduction under Section 80-IB for interest received from customers on delayed payments.

Analysis:
The appeal under Section 260A of the Income Tax Act, 1961 was filed against the order of the Income Tax Appellate Tribunal regarding the assessment year 2003-2004. The primary issue raised was the treatment of an amount received by the assessee from customers as interest towards delayed payments in computing the deduction under Section 80-IB. The Assessing Officer disallowed this amount, considering it not part of the profits and gains from an industrial undertaking.

The Commissioner of Income Tax (Appeals) and the Tribunal ruled in favor of the assessee, emphasizing the decision of the Gujarat High Court in Nirma Industries Limited v. Deputy CIT. The Tribunal held that interest received from customers on delayed payments should be included in the profits and gains derived from the industrial undertaking, akin to sale consideration. This decision was considered applicable to the present case under Section 80-IB, despite being based on Section 80-I.

The Tribunal directed the Assessing Officer to verify if the payments received were indeed interest from customers on late payment of sale consideration and allowed the deduction subject to this verification. The Tribunal's decision was upheld by the High Court, stating that no substantial question of law arose for consideration, and thus, the appeal was dismissed.

In conclusion, the judgment reaffirmed the inclusion of interest received from customers on delayed payments in computing deductions under Section 80-IB, aligning with the Gujarat High Court's decision and emphasizing the characterization of such interest as part of profits and gains from the industrial undertaking.