2010 (9) TMI 108 - HC - Income Tax

STP - Exemption from tax under Section 10A of the Income-Tax Act - assessing officer disallowed the claim - on the ground that they were not directly derived from the export business - reimbursement of expenses incurred in obtaining ISO certification, rent satellite charges, printing, stationery, Corporate charges amounting earned from the sister concern - Held that - expenses are debited to profit and loss account and while computing profits of eligible undertaking, profits were reduced to the extent of expenses. The amount received by way of reimbursement of expenses cannot be reduced from the profits of business of eligible industrial undertaking. The AO is, therefore, directed not to reduce the profits of business by the amount of Rs. 20 lacs received by way of corporate charges and Rs. 9,00,250/- received by way of reimbursement recovered for use of work stations - assessee do not acquire any new capital asset but merely maintains capital asset already acquired - expenditure assumes the character of revenue - allowable - no substantial question of law arises. Dismissed.

Summary

Issues:
1. Disallowance of exemption claim under Section 10A for certain incomes not directly derived from export business.
2. Dispute over three items of income for exemption under Section 10A disallowed by assessing officer but allowed by ITAT.
3. Treatment of reimbursement of expenses for ISO certification, corporate charges, and lease rent payment as exempt under Section 10A.

Analysis:
1. The respondent-assessee, engaged in manufacturing and exporting computer software, claimed certain incomes as exempt under Section 10A in the assessment year 1999-2000. The assessing officer disallowed the exemption for incomes not directly derived from the export business. The assessee accepted this decision. However, the dispute arose regarding three specific items of income for exemption under Section 10A, which the ITAT allowed but the assessing officer disallowed.

2. The first item involved reimbursement of expenses for obtaining ISO certification, amounting to Rs. 11.76 lakhs. The ITAT considered the total expenses incurred by the assessee, which was Rs. 23,52,000, and allowed the exemption for 50% of the expenses reimbursed by the EXIM Bank. The second item was reimbursement of Rs. 9,00,215 for various charges from HCL Technologies Ltd., and the third item was corporate charges of Rs. 20 lakhs earned from the sister concern, HCL Technologies Ltd. The ITAT ruled in favor of the assessee, stating that such reimbursements reduce the expenses incurred and should not be deducted from the profits of the eligible undertaking.

3. Another issue involved a lease rent payment of Rs. 2,04,400 to Noida authorities, disputed as revenue or capital expenditure. The assessing officer treated it as capital expenditure, but the ITAT allowed it as revenue expenditure. The ITAT clarified that the payment was for continuing to enjoy leasehold rights, not for acquiring new capital assets, making it revenue in nature and thus allowable as such. The High Court found no substantial question of law and dismissed the case.