2019 (2) TMI 373 - AT - Income Tax

Eligible for deduction u/s 80IB (11A) - disallowance made u/s 40A(3), 43B of the Act relating to the business activity would be eligible for deduction under Chapter-VIA as per the CBDT Circular No. 37/2016 dated 02.11.2016 - Held that - We hold that the assessee is eligible for deduction on the enhanced income on account of the addition of certain items as discussed above. Therefore we reverse the order of authorities below and direct the AO to delete the addition made by him. Hence, the ground of appeal of the assessee is allowed.

Summary

Issues:
1. Disallowance of an amount under section 14A of the Income Tax Act.
2. Addition of expenses totaling ?20,90,804 and eligibility for deduction under section 80IB(11A).

Issue 1: Disallowance under Section 14A:
The appeal was filed against the Commissioner of Income Tax (Appeals) order confirming the disallowance of ?1,50,000 under section 14A of the Income Tax Act. The Appellant argued that the disallowance was unwarranted in facts and law. However, the Learned AR decided not to press this ground, leading to its dismissal.

Issue 2: Addition of Expenses and Eligibility for Deduction:
The second issue involved the addition of expenses amounting to ?20,90,804. The Appellant contended that the disallowance of these expenses resulted in an enhancement of the gross total income, affecting the deduction under section 80IB(11A). The Appellant claimed eligibility for deduction under section 80IB(11A) on the enhanced income due to the disallowance of expenses.

The Tribunal noted that the assessee, engaged in the processing of fruit juices, had certain expenses disallowed during assessment. The Learned CIT(A) upheld the AO's decision, leading to the appeal. The Appellant argued for eligibility for deduction under section 80IB(11A) based on the enhanced income due to the disallowed expenses.

The Tribunal referred to an earlier decision in the assessee's own case where the issue was decided in favor of the assessee, allowing deduction under section 80IB(11A) for disallowances under sections 40A(3) and 43B. The Tribunal cited a CBDT Circular supporting such deductions related to business activities. The Learned DR did not counter this argument, leading the Tribunal to hold that the assessee was indeed eligible for deduction on the enhanced income due to the addition of certain items.

Consequently, the Tribunal reversed the orders of the authorities below and directed the AO to delete the addition made. The ground of appeal of the assessee was allowed, and the appeal was partly allowed.

In conclusion, the Tribunal's judgment addressed the issues of disallowance under section 14A and the addition of expenses, emphasizing the eligibility for deduction under section 80IB(11A) based on the enhanced income. The decision highlighted the relevance of CBDT Circulars and past rulings in determining the eligibility for deductions, ultimately favoring the assessee in this case.