2016 (9) TMI 455 - AT - Income Tax

Revision u/s 263 - Claim of deduction u/s 80IB - Held that - The assessee has filed complete details along with copy of audit report and also explained how job work charges is eligible for deduction u/s 80IB of the Act. The A.O. after considering the explanations furnished by the assessee and also taken into note of judicial judgments relied upon by the assessee allowed the claim of deduction u/s 80IB of the Act. Therefore, we are of the view that the CIT was not correct in coming to the conclusion that the A.O. has not conducted proper enquiry of the issues before completion of assessment. We further observed that as regards the eligibility of deduction u/s 80IB of the Act towards job work charges, the assessee contended that it is into the business of manufacturing of goods which is eligible for claiming deductions u/s 80IB of the Act. In addition to its own manufacturing, it has taken up job work for others in view of the spare capacity available. We find that the A.O. has not doubted the activity of the assessee. But, he is of the opinion that only goods manufactured by the assessee on its own is eligible for deduction, but not job work done for others. We do not agree with the stand taken by the A.O., for the reason that once the assessee is involved in the business of manufacture of goods or articles which is eligible for claiming deduction u/s 80IB of the Act, job work done in the spare capacity available also eligible for deduction u/s 80IB of the Act. We further observed that the said section does not place any restriction on job work receipts. Once, assessee proves that it is involved in the eligible business i.e. manufacturing of goods or article which is eligible for claiming deduction, it is immaterial whether it manufactures on its own or manufactures for others. So long as it is in the business of manufacturing of goods or articles, it is eligible for deduction u/s 80IB of the Act. - Decided in favour of assessee

Summary

Issues Involved:
1. Validity of the assessment order under section 143(3) of the Act.
2. Allowability of deduction under section 80IB of the Act.
3. Requirement of submission of audit report in form no.10CCB.
4. Eligibility of job work charges for deduction under section 80IB.
5. Examination of other issues such as reconciliation of gross receipts and tax deducted at source, correctness of fringe benefit tax, and applicability of section 40(a)(ia) of the Act.

Detailed Analysis:

1. Validity of the Assessment Order under Section 143(3) of the Act:
The CIT issued a show-cause notice proposing to revise the assessment order dated 20.11.2009, passed under section 143(3) of the Act, on the grounds that the order was erroneous and prejudicial to the interest of the revenue. The CIT observed that the AO failed to verify basic details regarding the allowability of deduction under section 80IB, did not obtain the mandatory audit report in form no.10CCB, and did not examine the eligibility of job work charges for deduction. The CIT concluded that the AO's assessment was erroneous due to lack of proper enquiry.

2. Allowability of Deduction under Section 80IB of the Act:
The CIT contended that the AO allowed the deduction under section 80IB without obtaining the mandatory audit report in form no.10CCB and without verifying the eligibility of job work charges for deduction. The assessee argued that the audit report was submitted during the assessment and that job work charges were eligible for deduction as the firm was engaged in manufacturing activities. The Tribunal found that the AO had examined these issues during the assessment, issued specific questionnaires, and accepted the explanations provided by the assessee. Thus, the Tribunal held that the CIT was incorrect in assuming jurisdiction to revise the assessment order on these grounds.

3. Requirement of Submission of Audit Report in Form No.10CCB:
The CIT emphasized that the submission of the audit report in form no.10CCB is a mandatory requirement under section 80IB(7) of the Act. However, the assessee contended that the audit report was submitted during the assessment and that the requirement to file the report along with the return of income was not necessary due to the shift to e-filing of returns. The Tribunal agreed with the assessee, noting that the AO had considered the audit report during the assessment and allowed the deduction accordingly.

4. Eligibility of Job Work Charges for Deduction under Section 80IB:
The CIT argued that job work charges were not eligible for deduction under section 80IB, as the activity did not amount to manufacturing. The assessee countered that it was engaged in manufacturing and undertook job work using spare capacity, which should be eligible for deduction. The Tribunal supported the assessee's view, stating that the section does not restrict job work receipts from being eligible for deduction, provided the assessee is involved in manufacturing activities.

5. Examination of Other Issues:
The CIT pointed out other issues such as reconciliation of gross receipts and tax deducted at source, correctness of fringe benefit tax, and applicability of section 40(a)(ia) of the Act. The assessee argued that these issues were examined by the AO during the assessment, with specific questionnaires issued and responses provided. The Tribunal found that the AO had indeed examined these issues and accepted the explanations provided by the assessee. Therefore, the Tribunal held that the CIT was incorrect in concluding that there was a lack of enquiry by the AO.

Conclusion:
The Tribunal quashed the order passed by the CIT under section 263 of the Act, restoring the original assessment order passed by the AO under section 143(3) of the Act. The Tribunal held that the AO had conducted a detailed enquiry and examined the relevant issues, thus the assessment order was not erroneous or prejudicial to the interest of the revenue. Consequently, the appeal filed by the revenue challenging the consequential order passed by the AO under section 143(3) read with section 263 of the Act was dismissed as not maintainable.