2012 (8) TMI 510 - AT - Income Tax

Reduction of tax-free interest income from loss on sale of securities - Held that - As decided in C.I.T., Mumbai Versus M/s. Walfort Share & Stock Brokers P. Ltd. 2010 (7) TMI 15 - SUPREME COURT that in cases arising before 1st April, 2002 (A.Y. 2002-03) losses pertaining to exempt income could not be disallowed - in favour of assessee. Allocation of common expenses for the purposes of computing deduction u/s 80I - Held that - Tribunal referring to the directions given for the assessment year 1993-94 wherein common expenses were directed to be apportioned in the ratio of material consumed by the new 80I undertaking to the total material consumed by the assessee-corporate entity as a whole, instead of on the basis of sales of the respective unit and for this purpose, the issue was restored back to the Commissioner of Income-tax (Appeals) for adjudication afresh who after examining the issue allowed the deduction u/s 80-I relying on working of deduction as directed by Tribunal - find no error in the order of CIT(A)- in favour of assessee.

Summary

Issues involved:
1. Dispute regarding restriction of loss on sale of securities for assessment year 1993-94.
2. Allocation of common expenses for computing deduction under section 80I for old and new units at Pimpri, Pune for assessment years 1993-94 and 1994-95.

Analysis:
1. For the assessment year 1993-94, the issue revolved around the Commissioner of Income-tax (Appeals) restricting the loss on sale of securities claimed by the assessee. The ITAT, Pune referred to the judgment of the Hon'ble Supreme Court in the case of Walfort Share & Stockbrokers P. Ltd. and noted that losses pertaining to exempt income could not be disallowed for cases before 1st April 2002. The Commissioner's decision aligning with the Supreme Court's judgment was upheld, leading to the Revenue failing on this ground.

2. Regarding the allocation of common expenses for deduction under section 80I for the old and new units at Pimpri, Pune, the ITAT considered the directions given in previous assessments. The Tribunal emphasized the allocation of expenses specifically incurred for each unit and those common expenses attributable to both units. The Commissioner of Income-tax (Appeals) had allowed the deduction after following the Tribunal's directions, leading to the ITAT affirming the decision and dismissing the Revenue's appeal for both assessment years 1993-94 and 1994-95. The allocation based on material consumed rather than sales was deemed appropriate, and the ITAT found no error in the Commissioner's order.

In conclusion, the ITAT, Pune, in a consolidated order, resolved the issues related to loss restriction on securities sale and allocation of common expenses for deduction under section 80I for the old and new units at Pimpri, Pune. The judgments were based on legal precedents and directions from previous assessments, ultimately leading to the dismissal of the Revenue's appeals for both assessment years.