2006 (2) TMI 85 - HC - Income Tax

Special Deduction - 1. Whether Tribunal was right in holding that the interest on foreign bills is a deductible expenditure? 2. Whether Tribunal was right in holding that the excise duty and sales tax should be excluded from the total turnover to arrive at the deduction under section 80HHC? 3. Whether Tribunal was right in holding that customs duty paid is not to be included in the value of closing stock?

Summary

Issues:
1. Deductibility of interest on foreign bills.
2. Inclusion/exclusion of excise duty and sales tax in total turnover for section 80HHC deduction.
3. Inclusion/exclusion of customs duty in the value of closing stock.

Analysis:

Issue 1: Deductibility of interest on foreign bills
The case involved a dispute regarding the deductibility of interest on foreign bills under section 40(a)(i) of the Income-tax Act. The Assessing Officer disallowed the interest, but the Commissioner of Income-tax (Appeals) overturned this decision. The Appellate Tribunal also ruled in favor of the assessee. The court examined the nature of the payment for the nonresident supplier and concluded that the interest on unpaid instalments did not qualify as interest on a loan, hence not subject to tax deduction at source. The court cited section 40(a)(i) which specifies items not deductible in computing income, and since the interest paid was not on a loan, no disallowance was warranted. The court upheld the Tribunal's decision in favor of the assessee.

Issue 2: Inclusion/exclusion of excise duty and sales tax in total turnover
The court referred to previous judgments to determine whether excise duty and sales tax should be included in the total turnover for calculating the deduction under section 80HHC. Citing cases such as CIT v. Wheels India Ltd. and CIT v. Sundaram Fasteners Ltd., the court held that excise duty and sales tax, being statutory dues without profit elements, should be excluded from the total turnover. Relying on established precedents, the court concluded that these elements should not factor into the turnover calculation for section 80HHC deduction.

Issue 3: Inclusion/exclusion of customs duty in the value of closing stock
The court addressed whether customs duty paid should be included in the value of closing stock. Referring to the decision in CIT v. English Electric Co. of India Ltd., the court emphasized that liabilities such as excise duty should not be considered as assets in the closing stock valuation. Liabilities cannot be converted into assets, and only after deducting such liabilities can the amount be added to the closing stock value. Following this principle, the court held that customs duty on closing stock should not be included in the total turnover for computing income under section 80HHC. Consequently, the court dismissed the appeals, finding no error in the Tribunal's order.