2011 (4) TMI 879 - AT - Income Tax

Assessment Reopening & Deduction Disputes: Mixed Decisions Impacting Assessee & Revenue

The case involved various issues including reopening of assessments, deduction calculations under sections 10B and 80HHC, and inclusion/exclusion of ... Deduction u/s 80HHC - Erroneously turnover on account of cotton waste - Held that:- As full details have not been discussed by the AO or CIT(A) in this respect. Erroneously turnover on account of cotton waste from a different unit could not have been included in the total turnover for the purpose of allowing deduction u/s.80HHC in another unit. Therefore, in the interests of justice, set aside the order of the CIT(A) and remit the matter back to the file of the AO to verify whether the cotton waste has been generated from the same unit or otherwise and then decide the issue accordingly. Reduction of 90% of sundry creditors written back - As decided in CIT vs. Ravindranathan Nair [2007 - TMI - 2378 - Supreme Court of India] that all the receipts of other nature which have no connection with the export activity have to be excluded from the business profits for the computation of deduction u/s.80HHC. Thus 90% of weight receipts, market development assistance and central sales tax refund have to be excluded from the business profits for the purpose of computing deduction u/s.80HHC - Decided against the assessee DEPB license fee - deduction u/s.80HHC - Held that:- The DEPB scheme was not even in existence when clause (iiib) came to be enacted into Section 28 by the Finance Act of 1990. The DEPB scheme was brought into existence with effect from 1 April 1997. Clause (iiid) of Section 28 was inserted by the Amending Act of 2005 with effect from 1 April 1998. The value of the DEPB credit can by no means be regarded as a cash assistance which is received or receivable by a person against exports under any scheme of the Government of India - Decided against the assessee. Reducing 100% of DEPB license sales amount from profits of business while allowing deduction u/s.80HHC instead of at 90% - Held that:- Issue decided against assessee relying on CIT vs. Kalpataru Colour and Chemical [2010 (6) TMI 63 - BOMBAY HIGH COURT] Issues Involved:1. Reopening of assessments.2. Inclusion of sale value of cotton waste in total turnover for deduction u/s.10B.3. Computation of deduction u/s.80HHC.4. Reduction of 90% of sundry creditors written back.5. Reduction of 90% of weigh bridge receipts, market development assistance, and sales tax refund.6. Deduction u/s.80HHC on DEPB license fee.7. Reduction of 100% of DEPB license sales amount from profits of business.8. Miscellaneous receipts reduction from business profits for deduction u/s.10B.9. Reduction of quota transfer premium and weigh bridge receipts.10. Reduction of insurance claim from business profits.11. Inclusion of scrap sale in total turnover for deduction u/s.80HHC.12. Calculation of indirect cost of trading.13. Non-reduction of 10% export incentives from indirect cost.14. Exclusion of 90% of job charges, miscellaneous income, and sales tax refund for deduction u/s.80HHC.15. Allowance of deduction u/s.10B in respect of various incomes.16. Deletion of disallowance on account of commission paid to foreign subsidiaries.Detailed Analysis:1. Reopening of Assessments:- The grounds regarding reopening of assessments were not pressed by the assessee and thus dismissed as not pressed.2. Inclusion of Sale Value of Cotton Waste in Total Turnover for Deduction u/s.10B:- The issue was decided against the assessee based on the Tribunal's decision in the assessee's own case for A.Y 2003-04, and the Hon'ble Supreme Court's decision in CIT vs K. Ravindranathan Nair.3. Computation of Deduction u/s.80HHC:- Inclusion of Cotton Sale: The matter was remitted back to the AO to verify whether the cotton waste was generated from the same unit.- Reduction of 90% of Sundry Creditors Written Back: Decided in favor of the assessee based on the Tribunal's earlier decisions.- Reduction of 90% of Weigh Bridge Receipts, Market Development Assistance, and Sales Tax Refund: Decided against the assessee following the Hon'ble Bombay High Court's decision in CIT vs. Dresser Rand India Pvt. Ltd.- Deduction u/s.80HHC on DEPB License Fee: Decided against the assessee based on the Hon'ble Bombay High Court's decision in CIT vs. Kalpataru Colour and Chemical.4. Reduction of 90% of Sundry Creditors Written Back:- Decided in favor of the assessee based on the Tribunal's earlier decisions.5. Reduction of 90% of Weigh Bridge Receipts, Market Development Assistance, and Sales Tax Refund:- Decided against the assessee following the Hon'ble Bombay High Court's decision in CIT vs. Dresser Rand India Pvt. Ltd.6. Deduction u/s.80HHC on DEPB License Fee:- Decided against the assessee based on the Hon'ble Bombay High Court's decision in CIT vs. Kalpataru Colour and Chemical.7. Reduction of 100% of DEPB License Sales Amount from Profits of Business:- Decided against the assessee based on the Hon'ble Bombay High Court's decision in CIT vs. Kalpataru Colour and Chemical.8. Miscellaneous Receipts Reduction from Business Profits for Deduction u/s.10B:- The issue was remitted back to the AO to discuss the nature of miscellaneous receipts and decide accordingly.9. Reduction of Quota Transfer Premium and Weigh Bridge Receipts:- Decided against the assessee based on the Tribunal's earlier decisions.10. Reduction of Insurance Claim from Business Profits:- Decided in favor of the assessee based on the Hon'ble Bombay High Court's decision in CIT vs. Pfizer Ltd.11. Inclusion of Scrap Sale in Total Turnover for Deduction u/s.80HHC:- Decided against the assessee based on the Tribunal's earlier decisions.12. Calculation of Indirect Cost of Trading:- The AO's method of calculating indirect cost based on turnover was justified and confirmed.13. Non-Reduction of 10% Export Incentives from Indirect Cost:- Decided in favor of the assessee based on the Hon'ble Supreme Court's decision in Hero Exports vs. CIT.14. Exclusion of 90% of Job Charges, Miscellaneous Income, and Sales Tax Refund for Deduction u/s.80HHC:- Decided against the assessee following the Hon'ble Bombay High Court's decision in CIT vs. Dresser Rand India Pvt. Ltd.15. Allowance of Deduction u/s.10B in Respect of Various Incomes:- Sundry Creditors Written Back: Decided in favor of the assessee based on the Tribunal's earlier decisions.- Exchange Gain: Decided in favor of the assessee based on the Tribunal's earlier decisions.- Commission and Brokerage: Decided against the assessee based on the Tribunal's earlier decisions.16. Deletion of Disallowance on Account of Commission Paid to Foreign Subsidiaries:- Decided against the Revenue based on the Tribunal's earlier decisions.Conclusion:- The appeals were partly allowed for both the assessee and the Revenue. The decisions were based on previous judgments and the specific facts of each issue.