2014 (5) TMI 274 - AT - Income Tax

Deduction u/s 80-O of the Act with respect to interest income - Withdrawal of deduction u/s 80-O in full Held that - Following of the order of the Tribunal in the case of the same assessee for the earlier assessment year - the receipt of interest is not the income falling u/s 80-O, it was on fixed deposits - the assessee would not be entitled to deduction for withdrawal of deduction u/s 80-O, it has been held that it is a case of reassessment u/s 148 and the issue as to the allowability of the deduction u/s 80-O was not in dispute or subject matter of reopening - the CIT(Appeals) cannot exercise the power of enhancement that too without giving notice of enhancement, which has apparently not been given in this case - the AO has not rightly construed the order of the ITAT because as per ITAT, the assessee was entitled to deduction u/s 80-O but not on interest income there was no justification to interfere with the order of CIT(A) Decided against Revenue.

Summary

Issues:
Appeal against disallowance of deduction under Section 80-O for interest income and withdrawal of deduction under Section 80-O in full.

Analysis:
1. The case involved an appeal by the Revenue against the order of the CIT(A) regarding the disallowance of deduction under Section 80-O for interest income and withdrawal of the deduction under Section 80-O in full for the assessment year 2000-01.

2. The assessee initially claimed deduction under Section 80-O on interest income, leading to excess deduction. The CIT(A) disallowed the deduction, which was upheld by the ITAT in earlier orders. The ITAT reiterated that interest income does not fall under Section 80-O, based on previous decisions and the Supreme Court ruling in Pandian Chemicals Ltd. vs. CIT.

3. The ITAT also noted that the issue of deduction under Section 80-O was not in dispute during reassessment under Section 148. The ITAT set aside the matter to the Assessing Officer for reevaluation, specifically on the eligibility of the assessee for deduction under Section 80-O.

4. The Assessing Officer, however, disallowed the deduction under Section 80-O in its entirety. On appeal, the CIT(A) accepted the assessee's contention, distinguishing between the deduction on net profit and interest income under Section 80-O.

5. The ITAT, in its final order, upheld the CIT(A)'s decision that the assessee was entitled to deduction under Section 80-O on net profit but not on interest income. The ITAT clarified that the CIT(A) could not enhance the deduction without proper notice, and thus the matter was restored to the Assessing Officer for reevaluation.

6. The ITAT dismissed the Revenue's appeal, affirming the CIT(A)'s decision that the assessee was eligible for deduction under Section 80-O on net profit while excluding the interest component. The ITAT emphasized that the CIT(A) had correctly interpreted its earlier order from September 2008.

In conclusion, the ITAT upheld the CIT(A)'s decision, dismissing the Revenue's appeal and affirming the assessee's eligibility for deduction under Section 80-O on net profit, excluding the interest income component.