2020 (1) TMI 969 - AT - Income Tax

Enhanced deduction u/s 10A - Further deduction claimed u/s 10A in consonance with the APA Agreement entered by the assessee - Whether the assessee has satisfied the conditions of deduction u/s 10A - HELD THAT - As decided in own case 2019 (12) TMI 153 - ITAT PUNE proviso to section 92C(4) does not debar deduction u/s 10A on additional income in assessment u/s 92CD; assessment u/s 92CD provides for granting deduction u/s 10A; and the assessee has satisfied the requirement of section 10A(3) read with section 92CD(2), thereby entitling it to deduction u/s.10A on the additional amount. Thus direct the AO to grant deduction claimed in respect of the incremental invoicing pursuant to APA agreement for computing total income. Thus, the grounds of the assessee are allowed.

Summary

Issues Involved:
1. Confirmation of AO's order denying deduction under Section 10A.
2. Denial of deduction under Section 10A for incremental invoicing pursuant to APA.
3. Interpretation of provisions of APA under Section 92CD and its impact on Section 10A claims.
4. Compliance with Section 10A(3) regarding bringing convertible foreign exchange into India.
5. Applicability of proviso to Section 92C(4) in context of APA.
6. Initiation of penalty proceedings under Section 271(1)(c).

Issue-wise Detailed Analysis:

1. Confirmation of AO's Order Denying Deduction Under Section 10A:
The assessee challenged the order of the AO, which was confirmed by the CIT(A), denying the deduction under Section 10A for the incremental invoicing pursuant to the APA agreement. The AO's decision was based on the interpretation that the modifications in the return of income under Section 92CD should be limited to the issues agreed upon in the APA agreement.

2. Denial of Deduction Under Section 10A for Incremental Invoicing Pursuant to APA:
The AO denied the deduction claimed under Section 10A on the additional income of ?10,33,675/- as per the APA agreement. The AO argued that the assessee was not empowered to claim this deduction as it did not meet the conditions prescribed under Section 10A, specifically the requirement to bring the enhanced sale value into India within six months from the end of the relevant previous year.

3. Interpretation of Provisions of APA Under Section 92CD and Its Impact on Section 10A Claims:
The Tribunal examined whether the provisions of Section 92CD, which pertain to the APA, allow for deductions under Section 10A. It was noted that Section 92CD(2) states that all other provisions of the Act shall apply as if the modified return is a return furnished under Section 139. This implies that if an assessee is otherwise eligible for deductions under any provision, such as Section 10A, these deductions cannot be denied in the context of the APA.

4. Compliance with Section 10A(3) Regarding Bringing Convertible Foreign Exchange into India:
The assessee argued that the foreign exchange was brought into India within fifteen days of raising the invoice, thus satisfying the conditions of Section 10A(3). The Tribunal found that the APA agreement included a clause mandating the realization of the additional amount within one month following the month in which the APA was signed. This clause was considered a directive to grant the deduction under Section 10A, provided the convertible foreign exchange was brought into India within the stipulated period.

5. Applicability of Proviso to Section 92C(4) in Context of APA:
The Tribunal held that the proviso to Section 92C(4), which restricts deductions under Section 10A on enhanced income due to transfer pricing adjustments, does not apply in the context of the APA. The additional income offered in the modified return under the APA is not considered an enhancement by the AO but rather an adjustment agreed upon between the assessee and the CBDT. Therefore, the deduction under Section 10A cannot be denied based on this proviso.

6. Initiation of Penalty Proceedings Under Section 271(1)(c):
The Tribunal did not specifically address the initiation of penalty proceedings under Section 271(1)(c) in the detailed analysis, as the primary focus was on the eligibility and computation of deductions under Section 10A in the context of the APA.

Conclusion:
The Tribunal allowed the appeal of the assessee, directing the AO to grant the deduction of ?10,33,675/- under Section 10A for the incremental invoicing pursuant to the APA agreement. The Tribunal relied on its previous decision in the assessee's own case for A.Y. 2010-11, where it was held that the proviso to Section 92C(4) does not debar deductions under Section 10A on additional income in assessments under Section 92CD. The Tribunal concluded that the assessee had satisfied the conditions of Section 10A(3) read with Section 92CD(2), thereby entitling it to the deduction.