2018 (10) TMI 427 - AT - Income Tax

Deduction u/s 10A / 10AA against interest income - Held that - We find that the issue stood squarely covered in assessee s favor by the order of this Tribunal for earlier AYs 2016 (3) TMI 1285 - ITAT MUMBAI and 2016 (2) TMI 1156 - ITAT MUMBAI wherein allowed assessee s claim of deduction under section 10A - Decided in favour of assessee Set-off of losses before computing deduction under Section 10A / 10AA - Held that - Hon ble Supreme Court in bunch of appeals titled as CIT Vs. Yokogawa India Limited 2016 (12) TMI 881 - SUPREME COURT wherein the issue has been decided in favor of the assessee as held though Section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI. - Decided in favour of assessee Addition u/s 36(1)(va) r.w.s. 2(24)(x) - assessee delayed the deposit of employee s contribution ESIC - Held that - CIT(A) correctly deleted the same by observing that the said amounts were deposited before due date of filing of return of income and therefore, allowable to assessee in terms of judgment of Hon ble Bombay High Court rendered in CIT Vs. Hindustan Organics Chemicals Limited 2014 (7) TMI 477 - BOMBAY HIGH COURT and also in CIT Vs. Ghatge Patil Transporters Ltd. 2014 (10) TMI 402 - BOMBAY HIGH COURT . - decided in favour of assessee.

Summary

Issues:
1. Deduction u/s.10A of the Income-tax Act, 1961 for AY 2011-12.
2. Eligibility of interest income for deduction u/s.10A & 10AA.
3. Interpretation of judgments related to profits derived from industrial undertakings.
4. Treatment of interest income earned from EEFC account for deduction u/s.10A & 10AA.
5. Reliance on ITAT decisions and pending High Court adjudication.
6. Set-off of losses against eligible profits of SEZ units for deduction u/s.10A.
7. Deduction u/s.10A after computing overall profits and gains of business of SEZ units.

Analysis:

1. The appeals by the revenue for AY 2011-12 & 2012-13 contested separate orders of the first appellate authority, involving common issues. The first issue was the deduction u/s.10A of the Income-tax Act, 1961 for AY 2011-12, where the revenue challenged the allowance of the deduction by CIT(A). The second issue was the eligibility of interest income for deduction u/s.10A & 10AA, which the CIT(A) allowed based on previous Tribunal decisions. The third issue involved the interpretation of judgments related to profits derived from industrial undertakings, where the CIT(A) relied on a decision of the Hon'ble Bombay High Court. The fourth issue was the treatment of interest income earned from the EEFC account for deduction u/s.10A & 10AA, where the CIT(A) allowed the deduction based on ITAT decisions. The fifth issue concerned the reliance on ITAT decisions and pending High Court adjudication, which the revenue contested. The sixth issue was the set-off of losses against eligible profits of SEZ units for deduction u/s.10A, where the CIT(A) provided relief to the assessee based on a decision of the Hon'ble Bombay High Court. The seventh issue was the deduction u/s.10A after computing overall profits and gains of business of SEZ units, where the CIT(A) allowed the deduction.

2. The issues were meticulously analyzed by the ITAT Mumbai. Regarding the deduction u/s.10A against interest income, the Tribunal dismissed the revenue's appeal, citing consistent Tribunal decisions in favor of the assessee. On the issue of set-off of losses before computing deduction under Section 10A, the Tribunal upheld the CIT(A)'s decision, relying on a Hon'ble Bombay High Court judgment. The Tribunal emphasized that deductions under Section 10A should be made while computing the gross total income of the eligible undertaking, not at the stage of computing the total income under Chapter VI of the Act. The Tribunal found no infirmity in the CIT(A)'s order and dismissed the relevant grounds of appeal.

3. In AY 2012-13, similar issues arose, including the denial and subsequent allowance of deduction u/s.10A against interest income. The Tribunal confirmed the CIT(A)'s decision based on similar reasoning. Another issue involved an addition under Section 36(1)(va) read with Section 2(24)(x), which the CIT(A) deleted, citing timely deposit of employee's contribution. The Tribunal upheld the CIT(A)'s decision, noting the absence of contrary judgments to challenge it. The Tribunal dismissed the relevant grounds of appeal and ultimately dismissed both appeals.

4. The comprehensive analysis of the issues and the Tribunal's detailed reasoning in each case provided clarity on the interpretation and application of relevant provisions of the Income-tax Act, 1961. The judgments cited and the legal principles applied underscored the importance of consistency in tax assessments and the significance of judicial precedents in determining tax liabilities.