2019 (5) TMI 860 - HC - Income Tax

Deduction u/s 80HHC - Netting of Interest for the purpose of applying Explanation (baa) to Section 80HHC - HELD THAT - In view of the decision of the Hon'ble Supreme Court in the case of ACG Associated Capsules Pvt. Ltd. 2012 (2) TMI 101 - SUPREME COURT , the Question of Netting of Interest , now admitted by us, deserves to be answered in favour of the Assessee and against the Revenue as ninety per cent of not the gross interest but only the net interest, which has been included in the profits of the business of the assessee as computed under the heads Profits and Gains of Business or Profession' is to be deducted under clause (1) of Explanation (baa) to Section 80HHC for determining the profits of the business.

Summary

Issues:
- Jurisdiction of Assessing Officer to reopen assessment under Section 147 of the Income Tax Act, 1961
- Treatment of interest paid and received on inter corporate deposits for the purpose of applying Explanation (baa) to Section 80HHC

Jurisdiction of Assessing Officer under Section 147:
The appellant filed an appeal under Section 260A of the Income Tax Act challenging the order of the Income Tax Appellate Tribunal for the Assessment Year 2001-2002. The appellant raised substantial questions of law regarding the jurisdiction of the Assessing Officer to reopen the assessment under Section 147 of the Act. Initially, two questions were raised, but the High Court admitted only the question concerning the jurisdiction of the Assessing Officer. The second question related to netting of interest for applying Explanation (baa) to Section 80HHC was not admitted initially due to a previous decision. However, the appellant cited a subsequent Supreme Court decision in the case of ACG Associated Capsules Pvt. Ltd., which clarified that only net interest should be deducted under Explanation (baa) to Section 80HHC. Consequently, the High Court admitted the second question as well.

Treatment of Interest on Inter Corporate Deposits:
The High Court considered the decision of the Supreme Court in the case of ACG Associated Capsules Pvt. Ltd., which established that only net interest should be deducted under Explanation (baa) to Section 80HHC. The appellant argued that this clarification should apply to their case as well, even though the question was initially not admitted. The Senior Standing Counsel for the Revenue did not contest the Supreme Court's decision. Therefore, the High Court admitted and answered the question regarding netting of interest in favor of the appellant and against the Revenue. Consequently, the High Court allowed the appeal, answering Question No.2 in favor of the appellant and against the Revenue, with no costs incurred.