1985 (5) TMI 102 - AT - Income Tax

Summary

Issues:
1. Relief under section 80J of the Income-tax Act
2. Weighted deduction under section 35B of the Income-tax Act
3. Deduction of surtax liability as a business expenditure
4. Assessment barred by limitation
5. Taxability of 'cash compensatory support', 'draw-back of duty', and 'income from sale of import entitlement'
6. Correct head of income for taxability of receipts
7. Taxation of grants for export promotion

Issue 1: Relief under section 80J of the Income-tax Act
The appellant-assessee filed an appeal against the order passed by the Commissioner (Appeals) regarding the relief under section 80J. The appellant contended that the capital employed for the purpose of section 80J should be based on the actual cost of fixed assets, not the written down value. The Tribunal directed the ITO to recompute the relief under section 80J in accordance with the applicable provisions, citing the Supreme Court judgment in Lohia Machines Ltd. v. Union of India.

Issue 2: Weighted deduction under section 35B of the Income-tax Act
The appellant claimed weighted deduction under section 35B on various expenses. The Tribunal disallowed the claims related to exchange rate difference and inland freight based on a previous order. However, for packing materials consumed exclusively for exports, the Tribunal allowed the claim, considering them as samples of goods for export, subject to bifurcation by the ITO.

Issue 3: Deduction of surtax liability as a business expenditure
The Commissioner (Appeals) rejected the claim for deduction of surtax liability as a business expenditure, citing a previous case where it was held that surtax liability does not qualify as a business expenditure under the Income-tax Act. The Tribunal upheld this decision based on the precedent.

Issue 4: Assessment barred by limitation
The appellant argued that the assessment for the year was time-barred due to a technicality related to the introduction of section 144B. However, this argument was not accepted, and the Tribunal dismissed the ground related to the limitation issue.

Issue 5: Taxability of 'cash compensatory support', 'draw-back of duty', and 'income from sale of import entitlement'
Additional grounds were raised regarding the taxability of certain receipts as capital receipts rather than revenue receipts. The Tribunal considered these grounds and allowed the appellant's claim based on the nature of the receipts and their treatment as capital receipts.

Issue 6: Correct head of income for taxability of receipts
The appellant also raised concerns regarding the correct head of income under which certain receipts should be taxed. The Tribunal directed the assessing authority to determine the appropriate head of income for the receipts and to consider the taxability based on the nature of the receipts.

Issue 7: Taxation of grants for export promotion
The appellant contested the taxation of grants received from the Government for export promotion, arguing that such grants should not be taxable as per the charging provisions of the Income-tax Act. The Tribunal directed that the grants should not be taxed as income, in line with the appellant's argument and constitutional provisions.

In conclusion, the Tribunal partly allowed the appellant's appeal, granting relief on certain issues while upholding decisions on others based on legal precedents and interpretations of relevant tax provisions.