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2017 (6) TMI 1112 - AT - Income TaxDeduction u/s 80IA - percentage of profits will be 30% OR 43.50% returned by the assessee - Held that - CIT(A) confirmed the action of AO in holding that provisions of section 80-IA(10) are applicable. However, she held that profit of the assessee be determined by applying N.P. rate of 30% as against N.P. rate of 43.5% claimed by the assessee, thereby allowing the deduction u/s 80IC at ₹ 25,65,237/-. Taking into consideration all the factual aspects of the case, it is well establishes that there is sufficient material to establish the close of nexus between the assessee and M/s. Fairdeals in manipulating the profit to claim higher rate of deduction u/s 80IA of the Act. The major part of raw materials were purchased from sister concern M/s. Fairdeals and total sales were also made to it. Such arrangements have been made to inflate profit of assessee and claim higher 80IC deductions and avoid the tax payments. In my considered view, the ld. CIT(A) was fair enough to give sufficient relief to the assessee and there is no further scope for any giving any relief to the assessee. Thus the appeal of the assessee is dismissed.
Issues Involved:
1. Applicability of Section 80-IA(10) of the Income Tax Act, 1961. 2. Determination of the appropriate net profit rate for the eligible business for the purpose of deduction under Section 80IC. Detailed Analysis: Issue 1: Applicability of Section 80-IA(10) The primary contention was whether the provisions of Section 80-IA(10) were applicable to the assessee. The Assessing Officer (AO) applied Section 80-IA(10) on the grounds that the assessee and its sister concern, M/s Fairdeals, were engaged in similar business activities (trading and manufacturing of electrical bulbs, CFL, LED lights, etc.) and that there was a significant transaction of raw materials and finished goods between them. The AO observed that the assessee firm purchased 65% of its raw materials from M/s Fairdeals and sold all its finished goods to the same entity. The AO concluded that this arrangement resulted in the assessee showing an unusually high net profit rate of 43.50%, compared to a mere 0.094% by M/s Fairdeals, suggesting an arrangement to produce more than ordinary profits for the purpose of claiming higher deductions under Section 80IC. The CIT(A) upheld the AO's decision, agreeing that the provisions of Section 80-IA(10) were applicable due to the close connection and the arrangement between the assessee and M/s Fairdeals. The CIT(A) noted that the transactions were not at arm's length and were designed to shift profits to the assessee for claiming higher deductions. Issue 2: Determination of Net Profit Rate The AO initially applied a consolidated net profit rate of 7.12% for both the assessee and M/s Fairdeals, significantly reducing the net profit rate from the 43.50% declared by the assessee. This resulted in a substantial disallowance of the deduction claimed under Section 80IC. The assessee argued that the transactions with M/s Fairdeals were at market rates and provided detailed submissions to support this claim. The assessee highlighted that in the previous assessment year (2011-12), the gross profit rate was even higher at 55.74%, and the transactions were accepted as being at market rates. The assessee also pointed out that the gross profit and net profit rates for the current year were lower than the previous year, indicating no extraordinary profits. The CIT(A), after considering the submissions, did not fully accept the AO's approach of applying a consolidated net profit rate. Instead, the CIT(A) determined a reasonable net profit rate of 30% for the eligible business, allowing a deduction under Section 80IC accordingly. Conclusion: The Tribunal upheld the CIT(A)'s decision, agreeing that there was sufficient material to establish a close nexus between the assessee and M/s Fairdeals, indicating an arrangement to inflate profits and claim higher deductions under Section 80IC. The Tribunal found the CIT(A)'s determination of a 30% net profit rate to be fair and reasonable, providing sufficient relief to the assessee while addressing the concerns of profit manipulation. Consequently, the appeal of the assessee was dismissed, and the order pronounced that the deduction under Section 80IC should be allowed based on a 30% net profit rate. Result: The appeal of the assessee was dismissed, and the decision to apply a 30% net profit rate for the purpose of deduction under Section 80IC was upheld.
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