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Issues Involved:
1. Entitlement to exemption u/s 80HHC(1) read with section 80HHC(3a) for a 100% export-oriented unit. 2. Legality of action taken u/s 147 for reassessment. 3. Treatment of interest income as business income or income from other sources. 4. Setting off interest earned against interest paid. Summary: Issue 1: Entitlement to Exemption u/s 80HHC(1) read with section 80HHC(3a) The assessee, a 100% export-oriented unit, claimed exemption on profits derived from export business u/s 80HHC(1)(3)(a). The learned Commissioner (Appeals) had not discussed the decision of CIT v. Punit Commercial Ltd., which supported the assessee's claim. The Tribunal noted that the interest income on FDRs should be treated as business income, following the principle that the entire profits, including interest income, are entitled to deduction under section 80HHC(3)(a). The Tribunal allowed this ground in favor of the assessee. Issue 2: Legality of Action Taken u/s 147 for Reassessment The reassessment proceedings were initiated based on an audit report. The Tribunal observed that the assessee had disclosed all details, and there was no concealment. It was held that action u/s 147 could not be taken merely on the basis of an audit objection, particularly when there was no material before the Assessing Officer to form a belief that income had escaped assessment. The Tribunal relied on the decision in Indian & Eastern Newspapers Society v. CIT and the Full Bench decision of the Delhi High Court in CIT v. Kelvinator of India Ltd., which stated that reassessment cannot be initiated on a mere change of opinion. This ground was allowed in favor of the assessee. Issue 3: Treatment of Interest Income as Business Income or Income from Other Sources The learned Commissioner (Appeals) had treated the interest income on FDRs as income from other sources, relying on the decisions in Tutikorin Alkali Chemicals & Fertilisers Ltd. v. CIT and CIT v. Sterling Foods. However, the Tribunal found these decisions not applicable to the present case and followed the decision in CIT v. Punit Commercial Ltd., which treated interest income as business income for a 100% exporter. The Tribunal also referred to the decision in Suhag Traders (P.) Ltd. v. ITO, which supported the assessee's claim. This ground was allowed in favor of the assessee. Issue 4: Setting Off Interest Earned Against Interest Paid The learned Commissioner (Appeals) had rejected the assessee's claim for setting off interest earned against interest paid, relying on CIT v. Dr. V.P. Gopinathan. The Tribunal distinguished this case from the present one, noting that the assessee's interest income was inextricably linked with its business activity. The Tribunal followed the decisions in Pink Star v. Dy. CIT and Suhag Traders (P.) Ltd. v. ITO, which allowed the setting off of interest earned against interest paid. This ground was allowed in favor of the assessee. Conclusion: The Tribunal allowed the appeals in favor of the assessee on all major grounds, holding that the interest income should be treated as business income, reassessment proceedings were not justified, and the interest earned could be set off against interest paid.
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