2016 (12) TMI 451 - AT - Income Tax

Exemption u/s.10B - profit derived from export of articles or things etc. - Held that - The assessee is eligible for deduction u/s.10B of the Act on miscellaneous items of income which are in the nature of business income attributable to exports of articles or things, etc. As a corollary, we find that receipts towards sales tax refund and amount of sundry balance written off are in the nature of business income in the earlier year and the Assessee is eligible for relief contemplated under S.10B(1) read with section 10B(4) of the Act. For the parity of reasoning, we direct the AO to admit the claim of the assessee towards sales tax refund and sundry balance written off for the purpose of computation of deduction under S.10B of the Act. For the purpose of computation of deduction of formula provided by section 10B(4) of the Act, the interest income cannot be included within the pale of business profits which is clearly in the nature of income from other sources in the instant case. Therefore, order of the CIT(A) to this extent cannot be said to be erroneous in the facts of the case. It would be pertinent to notice here that in the earlier AY 2007-08, the interest income has been accepted for the purpose of deduction u/s.10B of the Act purportedly on the premise that AO has mainly relied upon the decision of the Hon ble Apex Court in the case of Liberty India (2009 (8) TMI 63 - SUPREME COURT ) which was distinguished by the Tribunal on facts. As against this, in the assessment year in appeal, the AO has rejected the interest claim on the ground that the income arising from Bank deposits are in the nature of income from other sources and not business income with which we fully agree. Hence, we find no infirmity in the order of CIT(A) for denial of deduction under S.10B of the Act towards interest income. As regards insurance refund we note that CIT(A) has granted partial relief to the extent of 75% of the insurance claim received holding the same to be akin to business income and rejected balance 25% of the insurance claim so received towards capital loss. Relevant facts are necessary to understand as to whether the impugned insurance receipts are in the name of business income or not. Therefore, it would be in the fitness of things to restore the issue back to the file of AO for ascertaining the relevant facts and determine the issue afresh in accordance law. Needless to say that AO shall grant adequate opportunity of hearing to the assessee while determining the issue of eligibility of deduction on this score.

Issues Involved:
1. Eligibility of various miscellaneous incomes for deduction under Section 10B of the Income Tax Act.
2. Treatment of interest income as business income or income from other sources.
3. Eligibility of insurance refund for deduction under Section 10B.
4. Treatment of sales tax refund and sundry balance written off for deduction under Section 10B.
5. Treatment of scrap sales income for deduction under Section 10B.

Detailed Analysis:

1. Eligibility of Various Miscellaneous Incomes for Deduction under Section 10B:
The assessee, a 100% Export Oriented Unit (EOU) engaged in manufacturing and selling printed circuit boards, claimed deductions under Section 10B on various miscellaneous incomes. The Assessing Officer (AO) disallowed these claims, arguing that such incomes were not derived from the business of exports. The CIT(A) partially upheld the AO's decision, allowing deductions for scrap sales and a portion of the insurance refund, but disallowing deductions for interest income, sales tax refund, and sundry balances written off. The Tribunal, referencing its decision in the assessee's own case for AY 2007-08, held that the term "profits of business of the undertaking" is broader than "profits and gains derived by an undertaking." Consequently, it ruled that various miscellaneous incomes, such as sales tax refund and sundry balances written off, qualify for deduction under Section 10B.

2. Treatment of Interest Income as Business Income or Income from Other Sources:
The AO and CIT(A) both held that interest income from bank deposits, derived from surplus funds generated by the EOU, should be classified as "income from other sources" and not as business income. The Tribunal agreed with this classification, noting that the interest income on surplus funds does not have a direct or indirect relationship with the business activities of the EOU. It emphasized that such interest income cannot be included within the scope of "business profits" for the purpose of deduction under Section 10B.

3. Eligibility of Insurance Refund for Deduction under Section 10B:
The insurance refund received due to a fire incident was partially allowed by the CIT(A), who deemed 75% of the refund as business income and the remaining 25% as capital loss. The Tribunal found the CIT(A)'s basis for this estimation unclear and remanded the issue back to the AO for a detailed factual examination. The AO was instructed to verify the nature of the insurance receipts and determine their eligibility for deduction under Section 10B accordingly.

4. Treatment of Sales Tax Refund and Sundry Balance Written Off for Deduction under Section 10B:
The Tribunal ruled that sales tax refunds and sundry balances written off should be considered as part of the business income of the EOU. It directed the AO to include these items in the computation of profits eligible for deduction under Section 10B, aligning with the broader interpretation of "profits of business of the undertaking."

5. Treatment of Scrap Sales Income for Deduction under Section 10B:
The CIT(A) allowed the deduction for income from scrap sales, which the AO had initially disallowed. The Tribunal upheld this decision, confirming that scrap sales income qualifies as business income and is eligible for deduction under Section 10B.

Conclusion:
The Tribunal provided a nuanced interpretation of Section 10B, emphasizing the distinction between "profits of business of the undertaking" and "profits derived by an undertaking." It upheld the broader inclusion of various miscellaneous incomes as business income eligible for deduction, except for interest income, which it classified as income from other sources. The issue of insurance refund was remanded for further factual verification. Both the assessee's and the Revenue's appeals were partly allowed.

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