2019 (5) TMI 1390 - AT - Income Tax

Deduction u/s 80IA - excluding income from sale of V-SAT equipments - HELD THAT - Respectfully following the directions of the Hon ble High Court of Delhi 2012 (6) TMI 34 - DELHI HIGH COURT viz-a-viz the directions of the Coordinate Bench, we restored the issue to the files of the AO. AO is directed to decide this issue afresh in the light of the directions given by the Hon ble High Court of Delhi in AY 2005-06 after giving a reasonable and sufficient opportunity of being heard to the assessee. Appeal filed by the assessee is treated as allowed for statistical purpose.

Summary

Issues:
Appeal against CIT(A) order confirming AO's exclusion of income from sale of V-SAT equipments for deduction u/s 80IA.

Analysis:
The appeal pertains to the exclusion of income from the sale of V-SAT equipments for the purpose of deduction u/s 80IA of the Act. The Counsel for the assessee highlighted a similar issue in AY 2005-06, which had been remanded back to the ITAT by the Hon’ble Delhi High Court. The DR acknowledged the High Court's decision and recommended following it. The Hon’ble High Court of Delhi had previously examined the nature of the equipments and their relation to the telecommunication services provided by the assessee. The Tribunal had noted that certain equipments were essential for providing telecommunication services exclusively by the assessee. The High Court emphasized the need to examine each contract to determine if the sale of goods was inextricably linked to providing qualifying services under Section 80IA. The Tribunal, in line with the High Court's directions, remitted the issue back to the AO for fresh consideration, ensuring the assessee is given a fair opportunity to present their case. Consequently, the appeal was treated as allowed for statistical purposes.

This case underscores the importance of analyzing the direct nexus between the sale of goods and the provision of qualifying services under Section 80IA. The High Court's emphasis on examining each contract to determine the linkage between the sale of goods and the primary purpose of providing telecommunication services provides clarity on the eligibility for deduction under Section 80IA. The Tribunal's decision to remit the issue back to the AO for fresh consideration ensures a fair opportunity for the assessee to present their case in light of the High Court's directions. This judgment highlights the significance of scrutinizing the contractual arrangements to ascertain the eligibility for tax deductions under specific provisions of the Act, emphasizing the need for a thorough examination of the factual and legal aspects to determine the applicability of tax benefits.