2012 (5) TMI 214 - AT - Income Tax

Deduction u/s 10A - FD interest - held that - The Hon ble jurisdictional High Court in the case of Green Agro has considered an identical issue. The judgement of the Hon ble High Court has not been brought to the notice of the Income Tax authorities. Moreover, there has been no proper examination of the issue as to whether the bank interest to the extent of Rs.5,76,799/- is earned on deposits kept as margin money. - matter remanded back. Clubbing of turnover - deduction u/s 10A - held that - the assessee before the Income Tax authorities had given only a general description about the computation of deduction under section 10A of the Act, probably for the reason that the assessee was under the impression that the Assessing Officer also recognized that the assessee is operating three different/distinct units. The assessee ought to have focused on the evidence to show that it is having three separate units. The evidence that the assessee is operating three separate units are already on record, however, these evidences were neither highlighted before the CIT(A) nor proper examination has been done by the authorities below. Therefore, the matter is restored to the Assessing Officer, who shall examine whether the assessee is having three separate units or one single/integrated unit.

Issues Involved:
1. Taxability of CST reimbursement and its eligibility for deduction under section 10A.
2. Eligibility of FD interest income for exemption under section 10A.
3. Aggregation of profits and losses of multiple units for computing profits eligible for section 10A deductions.
4. Calculation methodology for deduction under section 10A.
5. Levy of interest under sections 234B and 234D.

Detailed Analysis:

1. Taxability of CST Reimbursement and Eligibility for Deduction under Section 10A:
The grounds concerning CST reimbursement (Ground Nos. 2.1, 2.2, 6.1, and 6.2) were not pressed during the course of the hearing and were subsequently dismissed as not pressed.

2. Eligibility of FD Interest Income for Exemption under Section 10A:
The assessee claimed that interest on margin money deposits amounting to Rs.5,76,799/- should be taxed under "profits and gains of business" and thus qualify for deduction under section 10A. The Assessing Officer and CIT(A) held that the interest was not related to business activity and should be taxed under "income from other sources," denying the section 10A deduction.

The Tribunal noted that the Hon'ble jurisdictional High Court in the case of M/s Green Agro Pack (P) Ltd. had held that interest earned on deposits kept as margin money for export business is eligible for deduction under section 10B, which is analogous to section 10A. The Tribunal found that the Income Tax authorities did not properly examine whether the fixed deposits were kept as margin money for export business. Therefore, the issue was remitted to the Assessing Officer for reconsideration, directing them to follow the jurisdictional High Court's ratio and provide the assessee a reasonable opportunity of hearing.

3. Aggregation of Profits and Losses of Multiple Units for Computing Profits Eligible for Section 10A Deductions:
The assessee argued that its three units (EC-1, EC-2, and EC-3) were independent and distinct, and losses from EC-1 and EC-2 should not be set off against the profits of EC-3 for section 10A deduction. The Assessing Officer aggregated the profits and losses of all three units, which was upheld by the CIT(A).

The Tribunal observed that the evidence showing the independence of the three units was on record but not properly examined. The matter was remitted to the Assessing Officer to determine whether the units were separate. If found to be independent, the losses of EC-1 and EC-2 should not be set off against the profits of EC-3. This decision was based on the jurisdictional High Court's ruling in CIT v M/s Axa Business Services Pvt. Ltd. & Others, which stated that section 10A deduction should be computed on a stand-alone basis without setting off losses from other units.

4. Calculation Methodology for Deduction under Section 10A:
The Assessing Officer included the total turnover of all three units in the denominator while considering only the export turnover of EC-3 in the numerator for section 10A deduction. The Tribunal found this approach incorrect, referencing Board Circular No.794, which specifies that the export turnover and total turnover should be of the undertaking located in specified zones or 100% export-oriented units.

Since this issue is related to the aggregation of profits and losses (Ground Nos. 4.1 to 4.3), it was also remitted to the Assessing Officer for fresh consideration.

5. Levy of Interest under Sections 234B and 234D:
The Tribunal held that the levy of interest under sections 234B and 234D is mandatory and consequential, thus dismissing Ground No. 7.1.

Conclusion:
The appeal filed by the assessee was allowed for statistical purposes, with several issues remitted to the Assessing Officer for reconsideration in light of the jurisdictional High Court's rulings and proper examination of the facts. The Tribunal emphasized the need for due and reasonable opportunity for the assessee during the reassessment process.

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