2020 (9) TMI 872 - HC - Income Tax

Assessment of income - cash compensatory assistance and duty drawback - liable to tax receipt basis and not on the accrual basis contrary - HELD THAT - First substantial question of law has already been answered against the revenue by this Court in 'COMMISSIONER OF INCOME-TAX Vs. ASEA BROWN BOVERI LTD.' 2020 (7) TMI 20 - KARNATAKA HIGH COURT . The aforesaid fact could not be disputed by the learned counsel for the revenue. For the reasons assigned in the aforesaid judgment, the first substantial question of law framed in this appeal is answered against the revenue and in favour of the assessee. Deduction u/s.80HHC - Whether the Tribunal was correct in holding that other income has to be reduced by 90% of such net income when computing profits of business for the purpose of allowing deduction u/s.80HHC of the Act and not gross income when other income was not derived from export activity? - HELD THAT - Substantial question of law has been answered by the Supreme Court against the revenue in 'ACG ASSOCIATED CAPSULES 2012 (2) TMI 101 - SUPREME COURT The aforesaid fact could not be disputed by the learned counsel for the revenue. Second substantial question of law framed in this appeal is answered against the revenue and in favour of the assessee. Expenditure incurred towards upgradation of personal computers- whether has no enduring benefit - Revenue or capital expenditure - HELD THAT - As question of law has already been answered against the revenue - appeal is answered against the revenue and in favour of the assessee. Expenditure incurred for acquiring MS-OFFICE Software - Whether is only a license and no asset is acquired or no benefit of enduring nature for the assessee? - HELD THAT - Substantial question of law has already been answered by this Court against the revenue in 'COMMISSIONER OF INCOME- TAX Vs. IBM INDIA LTD.' 2013 (10) TMI 1225 - KARNATAKA HIGH COURT

Summary

Issues:
1. Tax treatment of cash compensatory assistance and duty drawback
2. Computation of profits for deduction u/s.80HHC of the Income Tax Act
3. Treatment of expenditure on upgradation of personal computers
4. Treatment of expenditure on acquiring MS-OFFICE Software

Tax treatment of cash compensatory assistance and duty drawback:
The High Court addressed the first issue by referring to a previous judgment in the case of 'COMMISSIONER OF INCOME-TAX Vs. ASEA BROWN BOVERI LTD.' where it was held against the revenue. The Court concluded that the first substantial question of law is answered against the revenue and in favor of the assessee.

Computation of profits for deduction u/s.80HHC of the Income Tax Act:
Regarding the second issue, the Court cited a Supreme Court judgment in 'ACG ASSOCIATED CAPSULES (P) LTD. Vs. COMMISSIONER OF INCOME-TAX, CENTRAL-IV, MUMBAI,' where the issue was resolved against the revenue. The Court held that the second substantial question of law is answered against the revenue and in favor of the assessee.

Treatment of expenditure on upgradation of personal computers:
The third issue was resolved by referring to a judgment in 'COMMISSIONER OF INCOME-TAX-III AND ANR. Vs. M/s. NCR CORPORATION PVT LTD.' where the Court ruled against the revenue. The Court concluded that the third substantial question of law is answered against the revenue and in favor of the assessee.

Treatment of expenditure on acquiring MS-OFFICE Software:
For the fourth issue, the Court referred to a judgment in 'COMMISSIONER OF INCOME- TAX Vs. IBM INDIA LTD.' where it was decided against the revenue. The Court held that the fourth substantial question of law is answered against the revenue and in favor of the assessee. Consequently, the appeal was dismissed, and the judgment favored the assessee on all four issues.

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