2012 (10) TMI 117 - AT - Income Tax

Disallowance of exemption u/s 10A - Held that - The assessee is not entitled to claim deduction on the sales which were based upon the contract received by the old unit or the customers of the old unit. However, he can claim deduction of Profits and gains arising from Turnover on goods/works executed by the new unit - in favour of the assessee. Interest income - earning interest is not the business of the assessee, hence interest earned on the deposits cannot be held as income earned from the export business of the undertaking.

Summary

Issues Involved:
1. Eligibility for exemption under Section 10A of the Income Tax Act.
2. Determination of whether the new unit was formed by reconstruction of the old unit.
3. Treatment of interest income for deduction under Section 10A.

Issue-wise Detailed Analysis:

1. Eligibility for Exemption under Section 10A:
The primary issue revolves around the eligibility of the appellant for exemption under Section 10A of the Income Tax Act. The Revenue argued that the exemption should be restricted due to the reconstruction of the old unit, while the appellant contended that the new unit was entitled to the full exemption. The Tribunal noted that the deduction under Section 10A is available on the profits and gains derived by an undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years. The Tribunal concurred with the appellant's argument that the test for allowing the deduction is to verify whether the profit is the result of the execution of work of goods exported by the new unit. The Tribunal directed the Assessing Officer (A.O.) to allow the claimed deduction on the turnover of sales of the goods/works executed by the new unit, thus deciding the issue in favor of the appellant.

2. Determination of Whether the New Unit was Formed by Reconstruction of the Old Unit:
The Revenue contended that the new unit was formed by the reconstruction of the old unit, citing the continuation of the old building, transfer of employees, and assets from the old unit to the new unit. The Tribunal examined the facts and noted that while there was a transfer of certain assets and employees, the new unit had started its operations independently and had executed the work under the contracts. The Tribunal emphasized that the immediate source of profit by the new unit should be considered for the deduction under Section 10A. The Tribunal found that the authorities below did not consider the claimed deduction on the basis of work executed by the new unit and directed the A.O. to allow the claimed deduction on the turnover of sales of the goods/works executed by the new unit, thus rejecting the Revenue's grounds.

3. Treatment of Interest Income for Deduction under Section 10A:
The appellant raised additional grounds regarding the treatment of interest income for deduction under Section 10A. The A.O. had excluded the interest income from the purview of Section 10A, treating it as income from other sources. The appellant argued that the interest received should be netted against the interest paid. The Tribunal upheld the authorities' decision, stating that earning interest is not the business of the appellant and that the interest earned on deposits cannot be considered as income earned from the export business of the undertaking. The Tribunal also noted that the appellant failed to establish a nexus between the interest earned and the interest paid. Consequently, the Tribunal rejected the additional grounds raised by the appellant.

Conclusion:
The Tribunal dismissed the Revenue's appeal and partly allowed the appellant's appeal, directing the A.O. to allow the claimed deduction on the turnover of sales of the goods/works executed by the new unit and upheld the exclusion of interest income from the purview of Section 10A. The order was pronounced in the open Court on 12.3.2012.