2013 (11) TMI 138 - AT - Income Tax

Profits u/s section 80HHC Held that - Following case of Pfizer Ltd. 2010 (6) TMI 433 - Bombay High Court - The claim on account of insurance for the stock-in-trade did not constitute a receipt of a similar nature within the meaning of Explanation (baa) - Insurance receipts are intimately connected to the business activities of the assessee thus constitutes operational income - No need for reducing 90 per cent of the insurance claim while computing the eligible profits under section 80HHC. Sale of scrap and miscellaneous receipts Held that - Following Dresser Rand India P. Ltd 2010 (4) TMI 664 - Bombay High Court The scrap was the combination of both scrap generated as a part of the manufacturing activities as well as scrap of the packing material attached to the imported consignments The issue go to the files of the Commissioner of Income-tax (Appeals) for redeciding the issue afresh. Technology transfer Receipts Held that - Following case of Motor Industries Co. Ltd 2010 (8) TMI 333 - Karnataka High Court - The developmental work is intimately connected with the business of manufacture and sale of goods by the assessee. There is immediate nexus between the activity of export and the developmental work. Admittedly, for the services rendered by way of these developmental work, the assessee has been given the benefit of deductions under section 80-O Decided in favour of assessee.

Summary

Issues:
- Interpretation of section 80HHC of the Income-tax Act regarding deduction eligibility for insurance claims, sale of scrap, technology transfer fees, and miscellaneous receipts.
- Application of High Court judgments in determining the nature of receipts for deduction under section 80HHC.
- Adequacy of the Commissioner of Income-tax (Appeals) order in considering relevant judgments and issues.
- Comparability of technology transfer fee receipts with developmental work receipts for deduction eligibility under section 80HHC.

Analysis:
The case involved an appeal by an assessee against the order of the Commissioner of Income-tax (Appeals) related to the assessment year 2004-05. The primary dispute revolved around the eligibility of deduction under section 80HHC concerning insurance claims, sale of scrap, technology transfer fees, and miscellaneous receipts. The Tribunal had remanded the issue to the Assessing Officer following a previous order. The Assessing Officer determined that these receipts should be reduced from the business profits as per Explanation (baa) to section 80HHC. The Commissioner of Income-tax (Appeals) upheld this decision citing relevant High Court judgments.

During the appeal, the assessee argued that the Commissioner of Income-tax (Appeals) misapplied the High Court judgment regarding insurance claims. The Tribunal agreed, citing the judgment that insurance receipts constitute operational income eligible for deduction under section 80HHC. However, regarding sale of scrap and miscellaneous receipts, the Tribunal found the Commissioner's order lacking proper consideration of relevant judgments and remanded the issue for detailed examination.

The issue of technology transfer fee receipts was compared to developmental work receipts by the assessee, drawing on a Karnataka High Court judgment. The Tribunal found the analogy relevant and allowed the deduction under section 80HHC based on the comparability with developmental work receipts. The Tribunal emphasized the need for a factual finding on comparability for such receipts.

In conclusion, the Tribunal partially allowed the appeal, permitting deductions for insurance claims and technology transfer fees while remanding the issue of sale of scrap and miscellaneous receipts for further examination. The judgment highlighted the importance of proper consideration of relevant judgments and factual comparability in determining the eligibility of receipts for deduction under section 80HHC.