2017 (5) TMI 528 - AT - Income Tax

Disallowance of claim for deduction u/s 80IA(4) in respect of the projects other than the Teesta Lower Dam project - Held that - Assessee is a developer entitled for deduction u/s 80IA(4) of the Act. The grounds raised by Revenue are rejected on this issue. Disallowance u/s 14A deleted while computing income under normal provisions of the Act. Reduction of claim u/s 80IA(4) of the Act, i.e. attribution of expenses to the projects eligible for deduction u/s 80IA(4) - Held that - We direct the Assessing Officer not to reduce the profit of eligible undertaking by these expenses while computing deduction u/s 80IA(4) of the Act. Grant credit for TDS in the year of deduction itself.

Summary

Issues Involved:
1. Delay in filing the cross objection by the Assessee.
2. Disallowance of claim for deduction under section 80IA(4) for projects other than the Teesta Lower Dam project.
3. Disallowance under section 14A of the Income Tax Act.
4. Confirmation of disallowance of claim for deduction under section 80IA(4) for the Teesta Lower Dam project.
5. Reduction of claim under section 80IA(4) by attributing expenses to eligible projects.
6. Disallowance of TDS on advances.
7. Disallowance under section 14A while computing book profit under section 115JB.
8. Levy of interest under section 234B.

Detailed Analysis:

1. Delay in Filing the Cross Objection by the Assessee:
The Assessee filed an affidavit explaining the reasons for the 25-day delay in filing the cross objection. The Revenue had no serious objection to condoning the delay. Considering the affidavit and reasons, the Tribunal condoned the delay, holding that the Assessee was prevented with reasonable cause from filing the appeal on time.

2. Disallowance of Claim for Deduction under Section 80IA(4) for Projects Other Than the Teesta Lower Dam Project:
The Assessee argued that the claim for deduction under section 80IA(4) was allowed by a Coordinate Bench, which held the Assessee to be a developer, not a contractor, and thus eligible for the deduction. The Tribunal, after reviewing the previous order and the terms and conditions of the contracts, upheld that the Assessee is a developer and entitled to the deduction under section 80IA(4). The Revenue's grounds on this issue were rejected.

3. Disallowance under Section 14A:
The Assessee's counsel contended that this issue was also resolved by a Coordinate Bench, which deleted the disallowance under section 14A. The Tribunal, after reviewing the previous findings, upheld the deletion of the disallowance, noting that the amounts treated as loans and advances were actually receivables from joint ventures or partnerships, and no borrowed funds were used. The Revenue's grounds on this issue were rejected.

4. Confirmation of Disallowance of Claim for Deduction under Section 80IA(4) for the Teesta Lower Dam Project:
The Assessee referred to a previous Tribunal decision that allowed the claim under section 80IA(4) for the Teesta Lower Dam project. The Tribunal, following the precedent, allowed the claim, noting that NHPC, a government enterprise, fulfills the conditions prescribed under section 80IA(4)(i)(b) as it performs functions akin to a state.

5. Reduction of Claim under Section 80IA(4) by Attributing Expenses to Eligible Projects:
The Assessee argued against the reallocation of expenses from the Panvel workshop and the USA office to the projects eligible for deduction under section 80IA(4). The Tribunal found no merit in reducing the profit of eligible undertakings by these expenses, as they were not directly incurred for the eligible projects. The Tribunal directed the Assessing Officer not to reduce the profit eligible for deduction under section 80IA(4).

6. Disallowance of TDS on Advances:
The Tribunal directed the Assessing Officer to grant credit for TDS in the year of deduction itself. The Tribunal noted that advances received were either capital receipts or already reflected in the work in progress and offered for tax during the year. Following precedents, the Tribunal held that credit for TDS should be given in the year of deduction.

7. Disallowance under Section 14A While Computing Book Profit under Section 115JB:
The Tribunal dismissed this ground as infructuous, noting that the adjustment made towards disallowance under section 14A was already deleted while computing income under normal provisions of the Act.

8. Levy of Interest under Section 234B:
This ground was dismissed as consequential.

Conclusion:
The appeal of the Revenue was dismissed, and the cross objection of the Assessee was allowed in part, with specific directions provided for each issue. The Tribunal upheld the Assessee's claims for deductions under section 80IA(4) and directed the proper allocation and crediting of TDS and expenses.