2015 (1) TMI 251 - HC - Income Tax

Allowability of deduction on netting of interest income u/s 80HH and 80I - Whether the Tribunal is right in holding that netting of interest income should be allowed without considering the fact that interest income should be assessed as income from other sources while computing deduction u/s 80HH and 80I Held that - The matter has been already decided in ACG Associated Capsules P. Ltd. v. Commissioner of Income-tax 2012 (2) TMI 101 - SUPREME COURT OF INDIA wherein, it has been held that ninety per cent of not the gross rent or gross interest but the net interest or net rent, which had been included in the profits of business of the assessee as computed under the head Profits and gains of business or profession , was to be deducted under clause (1) of Explanation (baa) to Section 80HHC for determining the profits of the business Decided against revenue.

Summary

Issues Involved:
Appeal against Income Tax Appellate Tribunal's judgment regarding netting of interest income for deduction under Section 80HH and 80I of the Income Tax Act, 1961.

Detailed Analysis:

Issue 1: Background and Facts
The appellant, a company engaged in manufacturing various products, including detergent powders and beauty soaps under the brand name "Nirma," filed its income tax return declaring total income. The Assessing Officer passed an assessment order, which was partly allowed by the CIT(A). The Revenue then appealed to the Tribunal, which partly allowed the appeal for statistical purposes.

Issue 2: Questions of Law
The appeal was admitted concerning whether netting of interest income should be allowed without considering that interest income should be assessed separately while computing deductions under Section 80HH and 80I of the Income Tax Act, 1961.

Issue 3: Tribunal's Observations
The Tribunal directed the Assessing Officer to examine the netting benefit of interest income and other related items in accordance with relevant decisions and judgments. It also addressed the allowance of claims under Section 80-I without reducing claims under Section 80HH, following precedents favoring the assessee.

Issue 4: Legal Precedent
The judgment referenced a decision by the Apex Court in ACG Associated Capsules P. Ltd. v. Commissioner of Income-tax, which clarified that net interest or net rent, not gross amounts, should be deducted for determining business profits under Section 80HHC.

Issue 5: Decision
The Court found that the Tribunal was correct in allowing netting of interest income for deductions under Sections 80HH and 80I. Citing the Apex Court's decision and the similarity of facts, the Court ruled in favor of the assessee, disposing of the appeal in their favor against the Revenue.

In conclusion, the High Court upheld the Tribunal's decision regarding the netting of interest income for deductions under the Income Tax Act, 1961, based on legal precedent and the specific facts of the case.