2014 (5) TMI 658 - AT - Income Tax

Exemption u/s 10B - Exclusion of freight - Export and insurance from export turnover Held that - CIT(A) rightly directed the AO to exclude freight expenses from export turnover as well as from total turnover - Whatever is to be reduced from export turnover has to be reduced from total turnover as well Following Income-Tax Officer. Versus Sak Soft Limited 2009 (3) TMI 243 - ITAT MADRAS-D - there was no infirmity in the order of CIT(A) Decided against Revenue. Disallowance u/s 14A r.w. Rule 8D of the Act Dividend income Held that - The assessee has made investments of yielding tax free income for the AY Following Godrej and Boyce Manufacturing Co. Ltd vs. DCIT 2010 (8) TMI 77 - BOMBAY HIGH COURT - the provisions of Rule 8D are applicable from AY 2008-09 onwards - the provision of Rule 8D cannot be applied in the present AY i.e. 2006-07 - disallowance u/s.14A has to be made keeping in view huge investments made by the assessee CIT(A) has made disallowance at the rate of 5% of dividend received by the assessee for AY which is a fair and reasonable view Decided against Revenue.

Summary

Issues:
1. Appeal against the order of Commissioner of Income Tax (Appeals)-II, Chennai for the assessment year 2006-2007.
2. Exclusion of freight expenses from export turnover and total turnover for deduction u/s.10B.
3. Disallowance u/s.14A limited to 5% of dividend income.

Analysis:
1. The appeal was filed by the Revenue against the order of Commissioner of Income Tax (Appeals)-II, Chennai, for the assessment year 2006-2007. The assessee, a private limited company engaged in various businesses, had filed its return declaring income. The Assessing Officer made additions/disallowances during scrutiny assessment, including disallowance u/s.14A and deduction u/s.10B. The Commissioner of Income Tax (Appeals) directed the exclusion of freight expenses from export turnover and total turnover for u/s.10B deduction, following the Special Bench's decision in a specific case. The Revenue appealed against this decision.

2. Regarding the deduction u/s.10B, the Tribunal upheld the Commissioner's decision to exclude freight expenses from both export and total turnover to compute the deduction. This decision was based on the established principle that reductions from export turnover must also apply to total turnover. The Tribunal found no fault in the Commissioner's order in this regard.

3. Concerning the disallowance u/s.14A, the Tribunal noted the investments made by the assessee, yielding tax-free income. The Tribunal referred to a judgment stating that Rule 8D, applicable from a later assessment year, could not be enforced for the current assessment year. However, considering the substantial investments, the Commissioner's decision to make a 5% disallowance of dividend income was deemed fair and reasonable. The Tribunal dismissed the Revenue's appeal, upholding the Commissioner's order in this aspect.

In conclusion, the Tribunal dismissed the Revenue's appeal against the Commissioner's order, affirming the exclusion of freight expenses for u/s.10B deduction and the 5% disallowance of dividend income for u/s.14A, based on the specific circumstances and legal principles applicable for the assessment year in question.