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2022 (3) TMI 716 - AT - Income TaxEligible income for the purpose of deduction u/s 80IE - Exclusion of miscellaneous income being recovery of excess cost charged by suppliers of goods from the profits eligible for deduction under Section 80IE - HELD THAT - Upon considering the entire facts we find that the recovery of excess cost charged by the supplier is extricably connected with income of the industrial undertaking as of the undertaking of the appellant company and therefore, is entitled to deduction under Section 80IE of the Act. We, thus, allow the said deduction in respect of the appellant company under Section 80IE of the Act. The AO is directed to grant relief to the appellant accordingly. This ground of appeal preferred by the assessee is, therefore, allowed. Exclusion of income earned in the nature of cash discount from the profits eligible for deduction under Section 80IE - HELD THAT - As relyig on the case of Nirma Ltd. 2014 (12) TMI 171 - GUJARAT HIGH COURT the cash discount received as above is eligible for deduction under Section 80IE of the Act and we, therefore, allow this ground of appeal in favour of the assessee. Exclusion of interest income earned by the appellant from the profit eligible for deduction under Section 80IE - HELD THAT - On the aspect of netting off of interest income we have considered the judgment passed by the Jurisdictional High Court in the case of Nirmal Ltd. 2014 (12) TMI 171 - GUJARAT HIGH COURT we find it fit and proper to allow this ground of appeal filed by the assessee by directing the AO to re-compute the addition upon netting off of interest income by excluding the same from profits eligible for deduction under Section 80IE of the Act of the appellant undertaking, in the light of the above observation made.
Issues Involved:
1. Exclusion of miscellaneous income from the profits eligible for deduction under Section 80IE of the Income Tax Act. 2. Exclusion of income earned in the nature of cash discount from the profits eligible for deduction under Section 80IE of the Income Tax Act. 3. Exclusion of interest income from the profit eligible for deduction under Section 80IE of the Income Tax Act and the issue of netting off interest expenses against interest income. Issue-wise Detailed Analysis: 1. Exclusion of Miscellaneous Income: The appeal concerns the exclusion of miscellaneous income of ?4,50,593/- from the profits eligible for deduction under Section 80IE of the Income Tax Act. The assessee, engaged in manufacturing pharmaceuticals, included this miscellaneous income, which was recovery of excess cost charged by suppliers, in the profits of the 80IE units. The Assessing Officer (AO) excluded this income from the eligible profits, and the Commissioner of Income Tax (Appeals) [CIT(A)] upheld this decision. The Tribunal found that the recovery of excess cost charged by the supplier is "extricably connected with the income of the industrial undertaking" and is entitled to deduction under Section 80IE. Therefore, the Tribunal allowed the deduction and directed the AO to grant relief accordingly. 2. Exclusion of Cash Discount Income: The issue pertains to the exclusion of cash discount income amounting to ?2,32,004/- from the profits eligible for deduction under Section 80IE. The assessee received this discount for making prompt payments to vendors and included it under "other income." The Tribunal noted that the nature of the discount has a direct nexus with the manufacturing activity and is therefore allowable for deduction under Section 80IE. The Tribunal relied on the judgment of the Hon'ble Jurisdictional High Court in the case of Nirma Ltd., which held that discounts received should qualify for deduction if they increase the total profit from eligible activities. Consequently, the Tribunal allowed the deduction for the cash discount income. 3. Exclusion of Interest Income and Netting Off: The assessee challenged the exclusion of interest income amounting to ?75,95,224/- from the profits eligible for deduction under Section 80IE. This income included ?73,44,765/- from bank deposits and ?2,50,459/- from partners. The assessee argued that this interest income pertains to deposits made during the course of business of the eligible unit and should be included in the profits for deduction. Alternatively, the assessee sought netting off interest expenses against interest income. The Tribunal noted that the CIT(A) had rejected the claim without addressing the merits. The Tribunal referred to the judgment of the Hon'ble Jurisdictional High Court in the case of Nirma Ltd. and the Supreme Court's decision in ACG Associated Capsules (P.) Ltd. vs. CIT, which support netting off interest income. The Tribunal directed the AO to re-compute the addition by netting off interest income and excluding the same from profits eligible for deduction under Section 80IE. Conclusion: The Tribunal allowed the appeal in favor of the assessee on all grounds, directing the AO to grant the necessary deductions and re-compute the eligible profits accordingly. The order was pronounced on 14/03/2022.
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