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2019 (12) TMI 360 - AT - Income TaxDeduction u/s. 80IA - non compliance of agreement and commencement u/s. 80IA(4)(i)(b) - Held that - In view of the above judgment of the High Court 2017 (8) TMI 1190 - KERALA HIGH COURT , the assessee is entitled for deduction u/s. 80IA(4)(i)(b) of the I.T. Act. Deduction u/s. 80IA - deduction towards income in respect of surcharge from prepaid taxi, sale of scrap, notice pay, interest on delayed payment and bond from staff - revenue claim the same as income from other sources and not as business income - Held that - The Assessing Officer had already given effect to the above order of the High Court by allowing the claim of the assessee u/s. 80IA of the Act. Hence, the department cannot contest this issue once again before the Tribunal. Deduction u/s. 80IA - whether the income e.g. rent, interest, royalty etc. are from core and essential activities of airport and not from incidental activities of providing amenities to passengers. - Held that - The Assessing Officer had considered this issue in AYs 2005-06 to 2007-08 and granted deduction u/s. 80IA of the I.T. Act in respect of above income and denied deduction u/s. 80IA in respect of income from surcharge from pre paid taxi, income from sale of scrap, notice pay, interest on delayed payment, income from film shooting and bond from staff. Hence, in these assessment years also, the assessee is not entitled for deduction u/s. 80IA in respect of these items only. Being so, the CIT(A) is justified in granting deduction u/s. 80IA of the Act in respect of royalty income, treating it as business income. Accordingly, this ground of appeals of the Revenue is dismissed. Revision u/s 263 - Held that - the CIT passed order u/s. 263 of the I.T. Act dated 30/03/2015 for re-considering the issue related to deduction u/s. 80IA(4)(i)(b) of the I.T. Act.. This issue has already been decided by us in favour of the assessee in paras 3.3 and 3.4 of this order. In view of this, we hold that the CIT is not justified in exercising power u/s. 263 of the I.T. Act.
Issues Involved:
1. Allowability of deduction u/s 80IA on account of non-compliance of agreement and commencement u/s 80IA(4)(i)(b) and 80IA(4)(i)(c) of the I.T. Act. 2. Classification of income from surcharge from prepaid taxi, sale of scrap, notice pay, interest on delayed payment, and bond from staff as 'income from other sources' or 'income from business' for claiming deduction u/s 80IA. 3. Assessment of income from royalty as 'income from other sources' or 'income from business' eligible for deduction u/s 80IA. 4. Depreciation of runway, isolation parking bay, and roads, culverts, and drains as 'plant' or 'building'. 5. Disallowance of provisions for gratuity and leave encashment in the computation u/s 115JB. 6. Validity of the order passed u/s 263 of the IT Act by the Commissioner of Income Tax. Detailed Analysis: 1. Allowability of Deduction u/s 80IA: - Issue: The Revenue challenged the allowability of deduction u/s 80IA due to non-compliance with the agreement and commencement clauses u/s 80IA(4)(i)(b) and 80IA(4)(i)(c). - Judgment: The Tribunal noted that the High Court had already held that the assessee complied with section 80IA(4)(i)(b). The Supreme Court rejected the Department's SLP, making the matter final. The Tribunal upheld the CIT(A)'s decision allowing the deduction. - Conclusion: The assessee is entitled to the deduction u/s 80IA(4)(i)(b) and 80IA(4)(i)(c) as the conditions were met. The Revenue's appeals on this ground were dismissed. 2. Classification of Income from Miscellaneous Sources: - Issue: Whether income from surcharge from prepaid taxi, sale of scrap, notice pay, interest on delayed payment, and bond from staff should be classified as 'income from other sources' or 'income from business' for deduction u/s 80IA. - Judgment: The Tribunal referred to the High Court's decision, which stated that income derived from core and essential activities is eligible for deduction u/s 80IA. The AO had already given effect to this order. - Conclusion: The Tribunal dismissed the Revenue's appeals, affirming that these incomes are not eligible for deduction u/s 80IA as they do not arise from the core business activities. 3. Assessment of Income from Royalty: - Issue: Whether income from royalty should be assessed as 'income from other sources' or 'income from business' eligible for deduction u/s 80IA. - Judgment: The Tribunal, following the High Court's guidelines, held that royalty income from core activities like ground handling, terminal handling, baggage wrapping, aircraft fuelling, and cargo operations is derived from airport operations and eligible for deduction u/s 80IA. - Conclusion: The Tribunal upheld the CIT(A)'s decision to treat royalty income from core activities as business income eligible for deduction u/s 80IA and dismissed the Revenue's appeals. 4. Depreciation of Runway and Related Assets: - Issue: Whether assets like runway, isolation parking bay, and roads, culverts, and drains should be treated as 'plant' or 'building' for depreciation purposes. - Judgment: The Tribunal remitted the issue to the AO for verification, directing to follow the decisions in the cases of National Airport Authority of India and HAL Vs. ACIT. - Conclusion: The Tribunal remitted the issue back to the AO for verification and appropriate action, partly allowing the assessee's appeals for statistical purposes. 5. Disallowance of Provisions for Gratuity and Leave Encashment: - Issue: Whether provisions for gratuity and leave encashment should be disallowed in the computation u/s 115JB. - Judgment: The Tribunal remitted the issue to the AO to consider the basis of making provisions towards gratuity and leave encashment and decide accordingly. - Conclusion: The Tribunal allowed the assessee's appeal for statistical purposes, directing the AO to re-examine the provisions. 6. Validity of Order u/s 263: - Issue: The CIT set aside the assessment order passed u/s 143(3) directing a redo of the assessment concerning the admissibility of the claim u/s 80IA. - Judgment: The Tribunal quashed the CIT's order u/s 263, noting that the High Court had already held in favor of the assessee regarding compliance with section 80IA(4)(i)(b). - Conclusion: The Tribunal quashed the CIT's order u/s 263 and allowed the assessee's appeal. Summary: The Tribunal dismissed the Revenue's appeals regarding the allowability of deductions u/s 80IA and classification of various incomes, affirming the CIT(A)'s decisions. The Tribunal remitted the issues concerning the depreciation of certain assets and provisions for gratuity and leave encashment back to the AO for re-examination. The Tribunal also quashed the CIT's order u/s 263, thereby allowing the assessee's appeal.
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