2009 (3) TMI 67 - HC - Income Tax

Whether Tribunal is right in holding that the assessee is entitled to deduction u/s 80I in respect of the interest income earned on the securities as well as the interest income earned on FDRs Held no - Whether Tribunal is right in directing not to exclude trading profit while computing deduction u/s 80I in absence of any finding by the Tribunal that there is any trading profit this question is not required to be answered as not arising out of the impugned order of Tribunal

Summary

Issues:
1. Formulation of substantial questions of law at the time of admission.
2. Deduction under section 80I for interest income and trading profit on sale of zinc ash.
3. Disallowance of processing charges as ordinary business expenditure.

Issue 1: Formulation of Substantial Questions of Law
The High Court admitted the appeal without formulating substantial questions of law on 8/3/1999. The respondent raised a preliminary objection regarding this, but the Court considered the proposed questions in the memorandum of appeal as substantial questions of law. The appeal was taken up for hearing based on three questions related to deduction under section 80I and disallowance of processing charges.

Issue 2: Deduction under Section 80I
Regarding the first question, the Court referred to a previous judgment in the assessee's case for other assessment years where similar substantial questions were answered in favor of the Revenue. Therefore, the first question was answered in favor of the Revenue based on the previous judgment.

In the second question, the Tribunal found that the assessing officer's computation of trading profit by the assessee was incorrect. The Tribunal determined that there was no trading profit but rather a loss incurred by the company. The Tribunal concluded that the assessing officer's method of estimating profit was unjustified and that the trading activity resulted in a loss. The Court found no legal infirmity in the Tribunal's decision and stated that the second question did not arise from the Tribunal's order as there was no finding of trading profit.

Issue 3: Disallowance of Processing Charges
For the third question, the Tribunal's order was based on an appreciation of evidence without any legal issues raised. The Tribunal did not address any legal issues as they were not raised by either party. The Court found no legal or factual issues with the Tribunal's findings on processing charges and answered the third question in favor of the Assessee against the Revenue.

In conclusion, the Court disposed of the appeal with no order as to costs after addressing the issues related to the formulation of substantial questions of law, deduction under section 80I, and the disallowance of processing charges.