2009 (6) TMI 35 - HC - Income Tax

Deduction u/s 80HH Miscellaneous income tribunal held that miscellaneous accounts viz., scrap sales, freight charges, insurance claim, refund from customs department, interest, rectification charges etc., should be treated as income derived out of business for computation of deduction u/s.80HH Held that (a) Interest borrowed on delayed payment of bills, (b) Transport and Forwarding expenses and (c) Rectification charges are eligible for deduction u/s 80HH But, (i) Scrap sales, (ii) Insurance claim and (iii) Amount received from Collector of customs towards excess duty are not eligible for benefit of deduction u/s 80HH.

Summary

Issues:
1. Whether miscellaneous accounts should be treated as income derived out of business for computation of deduction u/s.80HH?

Analysis:
1. The judgment dealt with the substantial question of law raised by the revenue regarding the treatment of various miscellaneous income items for computation of deduction u/s.80HH. The Court specifically analyzed items like interest on delayed payment, scrap sales, transport expenses, insurance claim, rectification charges, and excess duty refund.

2. Regarding interest on delayed payment for sales of Vacuum Cleaners, the Court relied on precedent (2006) 286 ITR 201 to establish that such income is directly related to the industrial undertaking's main activities and should be included as profits derived from the business. The Court upheld the Tribunal's decision on this issue.

3. The Court examined the issue of scrap sales, where the appellant argued for a deduction based on precedent (2004) 270 ITR 448. However, the Court emphasized the need for evidence showing that the scrap sold was a by-product of manufacturing activities. The matter was remitted back to the Tribunal for further evidence.

4. Transport and forwarding expenses recovered were deemed as part of business activities and were allowed as a deduction under Section 80HH by the Tribunal, a decision upheld by the Court.

5. The insurance claim received for damaged imported components was denied as a deduction under Section 80HH, following a Division Bench decision that such income did not directly flow from the industrial undertaking.

6. The amount received from the Collector of Customs towards excess duty was also disallowed as a deduction under Section 80HH, in line with (2003) 261 ITR 737, which clarified the scope of the term "derived from" in the context of industrial undertakings.

7. Rectification charges in respect of Vacuum Cleaner units were considered directly connected to the manufacturing activities and were allowed as a deduction under Section 80HH.

8. In conclusion, the Court upheld the Tribunal's decision on interest, transport expenses, and rectification charges but set aside the decision on scrap sales, insurance claim, and excess duty refund. The matter of scrap sales was remitted back to the Tribunal for further evidence and a fresh decision.