2012 (12) TMI 330 - AT - Income Tax

Tax Appeals Dismissed for 2005-06 & 2006-07, Deduction Denied, Interest Charges Confirmed

M/s YOJAKA MARINE PVT LTD Versus ASSTT COMMISSIONER OF INCOME TAX

M/s YOJAKA MARINE PVT LTD Versus ASSTT COMMISSIONER OF INCOME TAX - TMI Issues Involved:1. Deduction under section 80IA of the Income Tax Act, 1961.2. Addition of shortfall in contract receipts.3. Charging of interest under sections 234B and 234D.Detailed Analysis:1. Deduction under Section 80IA:The primary issue in these appeals was the assessee's claim for deduction under section 80IA of the Income Tax Act, 1961. The assessee, a marine works contractor, claimed this deduction on the grounds of undertaking construction, operation, and maintenance of infrastructure facilities. The facilities in question included bank protection work in the Champakara and Udyogamandal Canals in Kerala and protection of the Tapi river bank in Gujarat. The Assessing Officer disallowed the claim, concluding that the agreements were merely works contracts for refurbishment, not involving the development, operation, or maintenance of infrastructure facilities.The Commissioner of Income Tax (Appeals) upheld the Assessing Officer's decision, determining that the assessee was a contractor executing civil works and not eligible for the deduction under section 80IA. The assessee contended that their work on the canals and riverbank constituted the development of infrastructure facilities and cited judicial decisions in support. However, the Tribunal found that the work executed was merely repairs and maintenance, not the development of new infrastructure. The Explanation to section 80IA, inserted retrospectively from 1.4.2000, clarified that the deduction does not apply to works contracts. The Tribunal held that the judicial decisions cited by the assessee were distinguishable and did not support their claim. Consequently, the assessee's appeal on this issue was dismissed.2. Addition of Shortfall in Contract Receipts:For the Assessment Year 2006-07, the assessee challenged the addition of Rs. 40,582, representing the shortfall in contract receipts declared in their final accounts compared to the amounts in TDS certificates from Indian Oil Corporation, Mangalore Chemicals & Fertilisers, and The Indian Navy. The assessee argued that they were not given adequate opportunity to reconcile the differences. However, the Tribunal noted that the assessee could not explain or reconcile the difference during the assessment proceedings and had admitted the discrepancy before the Assessing Officer. As a result, the Tribunal upheld the addition made by the Assessing Officer and dismissed this ground of appeal.3. Charging of Interest under Sections 234B and 234D:The assessee also contested the charging of interest under sections 234B and 234D of the Act. The Tribunal noted that the charging of interest under these sections is mandatory and consequential, leaving no discretion to the Assessing Officer. Therefore, the Tribunal upheld the Assessing Officer's action in charging interest.Conclusion:The appeals for the Assessment Years 2005-06 and 2006-07 were dismissed, with the Tribunal upholding the decisions of the lower authorities on all issues. The assessee was found not eligible for deduction under section 80IA, the addition of shortfall in contract receipts was confirmed, and the charging of interest under sections 234B and 234D was upheld.