2008 (11) TMI 80 - HC - Income Tax

Assessee claim special deduction u/s 80HHC - held that 90% of interest on belated payment by customers had to be reduced for calculation of profits and gains of business - Tribunal was correct in holding that the sales tax and excise duty were not includible in total turnover for computing deduction under section 80HHC in respect of deduction under section 80M, held that proportionate management expenses had to be deducted form gross dividend revenue s appeal is partly allowed

Summary

Issues:
1. Deduction under section 80HHC for interest income on belated payments.
2. Inclusion of sales tax and excise duty in total turnover for deduction under section 80HHC.
3. Deduction under section 80M without proportionate allocation of expenses for net dividend income.

Analysis:
1. The appeal was filed by the Revenue against the order of the Income-tax Appellate Tribunal regarding the deduction under section 80HHC for interest income on belated payments. The assessee claimed the deduction by excluding 90% of the interest income as it was considered business income, not interest income. The Assessing Officer disallowed this claim, but the Commissioner of Income-tax (Appeals) and the Tribunal upheld the assessee's view. The court referred to a previous judgment and ruled in favor of the Revenue, stating that the interest income should not be excluded for the deduction under section 80HHC.

2. The second issue involved the inclusion of sales tax and excise duty in the total turnover for computing the deduction under section 80HHC. The Revenue contended that these should be included, while the assessee argued otherwise. The court referred to a previous judgment and ruled in favor of the Revenue, stating that sales tax and excise duty should be included in the total turnover for calculating the deduction under section 80HHC.

3. The third issue pertained to the deduction under section 80M without proportionate allocation of expenses for net dividend income. The Revenue argued that personal and administrative expenses should be allocated proportionately for computing the net dividend income. The court referred to judgments of the Supreme Court and ruled in favor of the Revenue, stating that expenses should be allocated proportionately for calculating the deduction under section 80M. As a result, the appeal was partly allowed in favor of the Revenue based on the above rulings.