2018 (3) TMI 793 - AT - Income Tax

Denying the deduction u/s 10B with respect to interest income - Held that - As decided in the case of Hewlett Packard Global Soft Ltd. 2017 (11) TMI 205 - KARNATAKA HIGH COURT we decide first ground of appeal in favour of the assessee holding that the AO should not have denied the deduction under section 10 B of the Act in respect of interest income of ₹ 9. 81 lakhs and from business deposits pertaining to EOU of the assessee.- Decided against revenue Disallowance of claims regarding deduction u/s 43B, deduction about excise duty, other expenses and claim for set off of unabsorbed depreciation - Held that - FAA has directed the AO to allow the claim/reductions after making verification. In our opinion, his order does not suffer from any legal infirmity. The AO is directed to give effect to the order of the FAA within a period of three months of receipt of our order.

Summary

Issues Involved:
1. Denial of deduction under section 10B of the Income-tax Act for interest income.
2. Direction to verify and allow various claims made by the assessee.

Analysis:

Issue 1: Denial of deduction under section 10B for interest income:
The case involved the denial of deduction under section 10B of the Income-tax Act for interest income earned by the assessee. The Assessing Officer (AO) had excluded the interest income of ?9.81 lakhs from the profit of the Export Oriented Unit (EOU) while computing the deduction under section 10B. The First Appellate Authority (FAA) upheld the AO's decision, stating that the interest income was not directly derived from the business. However, during the appeal before the Appellate Tribunal, the Authorized Representative (AR) argued that the interest income was linked to the EOU's business and relied on relevant case laws. The Tribunal referred to the case of Maral Overseas Ltd. and Hewlett Packard Global Soft Ltd., emphasizing the statutory formula for computing eligible profits under section 10B. The Tribunal concluded in favor of the assessee, holding that the AO erred in denying the deduction for interest income.

Issue 2: Direction to verify and allow various claims made by the assessee:
The next four grounds of appeal pertained to the direction given by the FAA to verify and allow the claims made by the assessee. The AO had disallowed deductions under section 43B, excise duty, other expenses, and set off of unabsorbed depreciation. The FAA directed the AO to verify these claims and allow them after verification. The Appellate Tribunal found no legal infirmity in the FAA's order and directed the AO to give effect to it within three months. Consequently, all four grounds of appeal were allowed for statistical purposes, resulting in the appeal filed by the assessee being allowed.

In conclusion, the Appellate Tribunal ruled in favor of the assessee, overturning the denial of deduction under section 10B for interest income and directing the verification and allowance of various claims made by the assessee. The judgment highlighted the statutory provisions and relevant case laws to support its decision, ensuring a fair and thorough analysis of the issues involved.