2014 (6) TMI 467 - AT - Income Tax

Appellate Tribunal upholds deductions under section 80IC and disallowance under section 14A.

DCIT Cent. Circle 2, New Delhi Versus Wings Pharmaceuticals Pvt. Ltd.

The Appellate Tribunal dismissed the Revenue's appeal, upholding the deductions under section 80 IC and the disallowance under section 14A as determined ... Deletion of disallowance of deduction u/s 80IC of the act – Held that:- Following ACIT, Central Circle 2, New Delhi Versus M/s. Wings Pharmaceuticals Pvt. Ltd. [2014 (4) TMI 530 - ITAT DELHI] - the value of old machinery is not more than 20% - It has also returned a finding that the assessee has complied with the provisions of the Act for its claim of deduction u/s 80 IC of the Act - no change in facts or law has been pointed out - the order of the CIT(A) is upheld in allowing deduction u/s 80 IC of the Act – Decided against revenue. Restriction of disallowance u/s 14A of the Act – Held that:- The assessee is found to have made a disallowance in returning its income - The disallowance was worked out in terms of Section 14A of the Act - The Assessing Authority made total disallowance which also included the aforesaid disallowance made by the assessee himself - In result the CIT(A) is found to have upheld the disallowance in addition to the disallowance already made by the appellant himself in the computation of income filed with the return of income - No infirmity has been pointed out by the Revenue in appeal in the findings returned and conclusion reached by CIT(A) – Decided against Revenue. Issues:1. Disallowance of deduction under section 80 IC of the Income Tax Act, 1961.2. Disallowance under section 14A of the Income Tax Act, 1961.Issue 1: Disallowance of deduction under section 80 IC:The appeal by Revenue challenged the deletion of disallowance of Rs.12,80,69,194 made by the Assessing Officer on deduction under section 80 IC of the Income Tax Act, 1961. The facts revealed that the assessee had previously faced disallowance for similar deductions in earlier years due to various irregularities, including raising bogus bills and shifting old machinery. The Assessing Officer for the year under consideration disallowed the claim for deduction under section 80 IC based on similar findings from previous years. However, the Ld. CIT(A) and the Appellate Tribunal found no change in facts or circumstances to warrant a different decision for the current year. The Appellate Tribunal upheld the deduction under section 80 IC, citing compliance with the provisions of the Act and the value of old machinery being less than 20%.Issue 2: Disallowance under section 14A:The Assessing Officer disallowed Rs.15,96,077 under section 14A of the Income Tax Act, 1961, related to expenditure not forming part of the total income. The Ld. CIT(A) reviewed the disallowance and made adjustments, ultimately upholding a disallowance of Rs.9,65,849. The assessee had voluntarily added a sum to its income in compliance with Section 14A, but the Assessing Authority further disallowed amounts related to delayed payments, interest expenses, and administrative charges. The Ld. CIT(A) upheld the disallowance after making necessary adjustments. The Revenue's appeal on this ground was rejected by the Appellate Tribunal, as no infirmity was found in the Ld. CIT(A)'s order.In conclusion, the Appellate Tribunal dismissed the Revenue's appeal, upholding the deductions under section 80 IC and the disallowance under section 14A as determined by the Ld. CIT(A). The decision was based on consistent findings with previous years and compliance with the relevant provisions of the Income Tax Act, 1961.