2008 (11) TMI 364 - HC - Income Tax

Business Income The assessee, in its business income, included income from commission and service charges. The Assessing Officer assessed this part of the income as income from other sources on the ground that the business of assessee was not to earn commission or to provide service. The assessee claimed depreciation to the extent of increase in price due to fluctuation in foreign exchange rate resulting in increase in the price of the machinery. The Commissioner (Appeals) allow the claim. The Tribunal held that income from commission and service charge was business income and it could not be treated to be income from other sources. Held that- it could not be held that merely because the assessee was a manufacturer, it could not have business income from commission or service charges. The assessee was entitled to deprecation on the increased cost.

Summary

Issues:
1. Whether income from commission and service charges can be considered business income or income from other sources.
2. Whether the assessee is entitled to higher depreciation on account of fluctuation in foreign exchange rates.

Issue 1: Income from commission and service charges

The appeal was filed by the Revenue under section 260A of the Income-tax Act, 1961, challenging the order of the Income-tax Appellate Tribunal regarding the assessment year 1996-97. The Assessing Officer had treated the income from commission and service charges as income from other sources, contending that the assessee's business was not focused on earning commission or providing services. However, the Commissioner of Income-tax (Appeals) and the Tribunal held that the income from commission and service charges should be considered as business income. The Tribunal emphasized that being a manufacturer does not preclude the assessee from earning business income from commission or service charges. The decision was based on the statutory provisions and the absence of any challenge to the impugned order by the Revenue.

Issue 2: Higher depreciation due to fluctuation in foreign exchange rates

Regarding the claim for higher depreciation due to increased prices caused by fluctuation in foreign exchange rates, the Tribunal upheld the Commissioner of Income-tax (Appeals) decision. The Tribunal ruled that the assessee is entitled to adjust the cost of acquisition as per section 43A of the Income-tax Act, irrespective of any specific direction from the appellate authority. The Tribunal found no fault in the Commissioner's directive to the Assessing Officer to implement the provisions of section 43A. The Tribunal dismissed the Revenue's argument against considering the liability on account of foreign exchange rate fluctuations based on the time of actual payment, citing the statutory provisions of section 43A.

In conclusion, the High Court dismissed the appeal, affirming the decisions of the Commissioner of Income-tax (Appeals) and the Tribunal. The judgment clarified that income from commission and service charges can be considered business income, even for a manufacturing company. Additionally, the assessee was deemed entitled to adjust the cost of acquisition for higher depreciation due to fluctuation in foreign exchange rates in accordance with section 43A of the Income-tax Act.