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2022 (4) TMI 167 - AT - Income TaxDeduction u/s. 80IC - claim for the fifth year - AMC and Repair Charges and Job Work Income - HELD THAT - Respectfully following the order of the Tribunal in assesee s own case for A.Y.2011-12 and 2012-13 we hold that the assessee is entitled to deduction u/s. 80IC in respect of AMC charges. Duty draw back, interest on FDR and other interest , these incomes are not derived from business of the assessee as held by the Tribunal. Therefore, we hold that these incomes are not eligible for deduction u/s. 80 IC of the Act. Income from job work - It is a fact that the assessee has not given the details before the AO, despite being asked to do so. Since this issue is coming up for the first time before the Tribunal and the assessee has not given full details before the lower authorities, therefore, we deem it proper to restore the issue to the file of the AO with a direction to grant one more opportunity to the assessee to furnish full details regarding the nature of Job Work and explain as to how the assessee is entitled to deduction u/s. 80IC on such Job Work. Needles to say that AO shall decide the issue as per fact and law after giving the opportunity of being heard to the assessee. The issue regarding deduction u/s. 80IC on Job work is accordingly allowed for statistical purpose.
Issues:
- Denial of deduction u/s. 80IC for various income sources like AMC & Repair charges, duty draw back, interest on FDR, job work, miscellaneous income, profit on sale of assets, and rent charges. - Disallowance of expenses incurred in connection with income from AMC & Repair charges and Job Work. - Upholding the action of AO by CIT(A) in denying deduction u/s. 80IC for certain income sources. - Whether all income of the enterprise is entitled for 80IC deduction. - Determining if AMC and job work constitute eligible business for 80IC deduction. Analysis: Issue 1: Denial of Deduction u/s. 80IC for Various Income Sources - The AO disallowed deduction u/s. 80IC for income sources like AMC & Repair charges, duty draw back, interest on FDR, job work, miscellaneous income, profit on sale of assets, and rent charges. These were considered beyond the first degree of nexus between profit and eligible business, hence not allowable under section 80IC of the IT Act. Issue 2: Disallowance of Expenses for AMC & Repair Charges and Job Work - The AO disallowed expenses incurred in connection with income from AMC & Repair charges and Job Work due to lack of details provided by the assessee. The AO determined allowed expenses proportionately based on available records, resulting in a net income addition of Rs. 1,31,95,362. Issue 3: Upholding of AO's Action by CIT(A) - The CIT(A) upheld the AO's action in denying deduction u/s. 80IC for AMC and repair charges, job work, duty draw back interest, and miscellaneous income. Issue 4: Eligibility of Enterprise's Income for 80IC Deduction - The Tribunal, based on past decisions, allowed deduction u/s. 80IC for AMC charges but held that duty draw back, interest on FDR, and other interest were not derived from the business of the assessee, thus not eligible for deduction. Issue 5: Eligibility of AMC and Job Work for 80IC Deduction - The Tribunal allowed deduction u/s. 80IC for AMC charges based on previous decisions. However, it directed the AO to grant one more opportunity to the assessee to furnish full details regarding the nature of Job Work to determine eligibility for deduction under section 80IC. In conclusion, the Tribunal partially allowed the appeal, permitting deduction u/s. 80IC for AMC charges but denying it for duty draw back, interest on FDR, and other interest. The issue of Job Work deduction was restored to the AO for further examination. The judgment highlighted the importance of establishing a direct nexus between income sources and the eligible business for claiming deductions under section 80IC of the IT Act.
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