2016 (8) TMI 563 - HC - Income Tax

Treatment to interest income - business income for computing deduction u/s. 80HHC or income from other sources? - Held that - Considering the decision of this Court in the case of Commissioner of Income-Tax v. Gaskets and Radiators Distributors (2006 (9) TMI 97 - GUJARAT HIGH COURT ), wherein this Court has taken a view that the interest income from other sources other than FDR may not be included u/s. 80HHC of the Act. In that view of the matter, the contention of the appellant herein is required to be accepted. The amount of ₹ 59,42,786/ is required to be deducted and the calculation made by the assessee for deduction u/s. 80HHC of the Act will be available to the tune of ₹ 96,29,135/-. Therefore, the Appeal is allowed to the aforesaid extent.

Summary

Issues:
1) Challenge to order of Income Tax Appellate Tribunal for Assessment Year 2001-2002.
2) Substantial questions of law framed for consideration.
3) Treatment of interest income as business income for deduction u/s. 80HHC.
4) Calculation of deduction u/s. 80HHC without excluding profit of new unit under section 80IA.
5) Decision on cross objections of the assessee.

Analysis:
1) The High Court heard an appeal challenging the Income Tax Appellate Tribunal's order for the Assessment Year 2001-2002. The Tribunal had ruled in favor of the assessee against the Department.
2) The Court framed substantial questions of law for consideration, including the treatment of interest income and the calculation of deductions under sections 80HHC and 80IA.
3) The appellant argued that interest income should not be considered for deduction under section 80HHC based on a previous court decision. The Tribunal had directed the Assessing Officer to exclude 90% of the net interest balance for the deduction calculation.
4) The Court referred to a previous decision regarding the treatment of interest income under section 80HHC and accepted the appellant's contention. The Court allowed the appeal to the extent that a specific amount was required to be deducted for the calculation of deduction under section 80HHC.
5) The issue of cross objections raised by the assessee was addressed, stating that they were filed in another appeal. The Court disposed of the matter, mentioning a referral to a larger Bench based on a Supreme Court decision for potential future adjustments.

This detailed analysis covers the issues involved in the legal judgment comprehensively, providing insights into the Court's decision-making process and the reasoning behind the judgment.