2012 (11) TMI 158 - AT - Income Tax

Setoff of business loss against house property income and income from other sources - CIT(A) allowed the claim - Held that - The records indicate that assessee had been claiming deduction u/s. 10A in the past and the assessee had carried forward losses of business from it. In the year under appeal assessee set off the brought forward business loss from Income from house property and income from other sources. As per provisions of Sec. 10A, the assessee is allowed deduction in respect of profits derived from the undertaking eligible under the section from the total income of the assessee which means that total income of the assessee could include the profits/losses derived from such unit and if there is any profit, then the eligible amount will be deducted in computing total income. Thus it can be seen that provisions of Sec. 10A are in the nature of deduction and not exemption. Sec.14A is applicable only in respect of expenditure incurred in respect of income which is not includible in total income and does not deal with the losses. Losses cannot be construed to be expenditure. Therefore, all the provisions of the Act would be applicable for the purpose of computing the total income of the assessee, unless expressly by the Legislature - in favour of assessee.

Summary

Issues:
- Allowance of setoff of business loss exempted u/s.10A against house property income and income from other sources.
- Applicability of section 14A disallowing expenditure in relation to income not part of total income.
- Interpretation of provisions of Sec. 10A and Sec. 14A in the context of setoff of losses against income.

Analysis:
1. Allowance of setoff of business loss exempted u/s.10A: The appellant Revenue challenged the order of Ld. CIT (A) allowing setoff of business loss exempted u/s.10A against house property income and income from other sources. The A.O. disallowed the claim based on Sec. 14A, stating that expenditure in relation to income not includible in total income cannot be adjusted. However, CIT (A) allowed the appeal, citing precedents like Navin Bharat Ind. Ltd. vs. DCIT and Sovika Infoteck Ltd. vs. ITO, emphasizing that Sec. 10A provides for deduction, not exemption. The Tribunal upheld CIT (A)'s decision, stating that Sec. 14A applies to expenditure, not losses, and allowed the setoff.

2. Applicability of section 14A: The Revenue contended that Sec. 14A disallows expenditure in relation to income not forming part of total income. The A.O. rejected the claim of setoff against rental income and interest account based on this provision. However, CIT (A) and the Tribunal held that Sec. 14A pertains to expenditure, not losses. The Tribunal relied on the decision in Navin Bharat Ind. Ltd., emphasizing that Sec. 14A applies to expenditure, not losses, thereby supporting the allowance of the setoff.

3. Interpretation of provisions of Sec. 10A and Sec. 14A: The crux of the issue revolved around interpreting Sec. 10A and Sec. 14A concerning the setoff of losses against income. The Tribunal analyzed the nature of Sec. 10A, highlighting that it provides for deduction of profits, not exemption. Moreover, Sec. 14A deals with expenditure, not losses. Citing the case of Sovika Infotech Ltd. vs. ITO, the Tribunal reiterated that losses from a business eligible for deduction under Sec. 10A can be set off against other income. The Tribunal upheld CIT (A)'s decision, emphasizing that Sec. 14A does not apply to losses, thereby dismissing the Revenue's appeal.

This detailed analysis of the judgment showcases the interpretation of relevant provisions and legal precedents that led to the decision regarding the allowance of setoff of business losses against other income sources.