2007 (8) TMI 331 - HC - Income Tax

Claim for special deduction u/s 80O in respect of commission received from the Italian firm assessee had not established his claim by producing the relevant records sales commission received by assessee was not for an activities relating to technical or professional services to principals in absence of any materials to show that what was passed onto foreign enterprise was information concerning commercial or technical or scientific aid, merely because an agreement was entered into between the assessee and the foreign enterprise, assessee was not entitled to special deduction u/s 80O in respect of interest on borrowed capital which was used for purchase of property and that property was used for purpose of business, interest is deductible

Summary

Issues:
1. Entitlement to deduction of interest on loans used for the purchase of property.
2. Eligibility for the benefit of section 80-O regarding commission earned in foreign currency for the sale of foreign company's products in India.

Issue 1: Entitlement to deduction of interest on loans used for the purchase of property:
The Revenue challenged the order of the Income-tax Appellate Tribunal regarding the assessment year 1996-97. The assessee claimed a net loss due to substantial expenses against minimal service charges received. The Assessing Officer disallowed certain claims, including interest and depreciation, but allowed 25% depreciation on building. The Commissioner of Income-tax (Appeals) upheld the decision. The Tribunal later allowed the interest claim, 50% depreciation on the building, and the deduction under section 80-O, but disallowed depreciation on a dish antenna. The High Court found in favor of the assessee, stating that the Tribunal's finding on the use of the building for business was supported by records, thus rejecting the Revenue's appeal on this issue.

Issue 2: Eligibility for the benefit of section 80-O regarding commission earned in foreign currency:
The assessee claimed deduction under section 80-O for commission received in foreign currency from a foreign enterprise based on an exclusive agency agreement. The High Court analyzed the relevant clause of the agreement and the requirements of section 80-O. It was established that the commission was received from a foreign enterprise outside India. However, the assessee failed to provide sufficient evidence supporting that the commission was for passing commercial information to the foreign enterprise. Despite referencing a judgment supporting a similar claim, the High Court emphasized the need for materials to sustain the deduction claim. The Tribunal's decision to reverse the Commissioner of Income-tax (Appeals) finding was deemed erroneous as the assessee could not produce substantial records or materials to support the claim. Consequently, the High Court ruled in favor of the Revenue on this issue, disallowing the deduction under section 80-O.

In conclusion, the High Court upheld the Tribunal's decision on the first issue regarding the entitlement to deduction of interest on loans used for property purchase. However, the High Court ruled in favor of the Revenue on the second issue, denying the eligibility for the benefit of section 80-O concerning the commission earned in foreign currency. The judgment provides a detailed analysis of the legal aspects and factual circumstances surrounding both issues, ultimately resulting in a partial allowance of the tax case appeal with no costs incurred.