2014 (6) TMI 496 - AT - Income Tax

Assessee's Appeals Granted Deductions: Inland Transport, Commission, DEPB; Assessment Reopening Validity Not Addressed

NSIL Exports Ltd. Versus The Dy. Commissionerof Income Tax

NSIL Exports Ltd. Versus The Dy. Commissionerof Income Tax - TMI Issues Involved:1. Validity of reopening of assessment under Section 147 of the Income-tax Act.2. Disallowance of inland transportation expenses.3. Enhancement of commission expenses.4. Charging of interest under Sections 234B and 234C.5. Deduction under Section 80HHC on account of DEPB.Issue-wise Detailed Analysis:1. Validity of Reopening of Assessment under Section 147:The assessee challenged the reopening of assessment under Section 147, arguing that it was illegal. The CIT(A) rejected the objection of the assessee, confirming the validity of the reopening. However, since the issues on merit were decided in favor of the assessee, the Tribunal did not find it necessary to decide this ground, considering it academic in nature.2. Disallowance of Inland Transportation Expenses:The AO disallowed the inland transportation charges based on the Volker Committee report, which alleged that the assessee made illicit payments to the Saddam Hussain regime. The assessee argued that the payments were made for the purpose of procuring export orders and were allowable under the Income-tax Act. The Tribunal found that the transportation expenses were in accordance with the terms of the contract approved by the UN and Indian authorities. The payments were made through banking channels with RBI approval, and there was no evidence of illicit payments to the Iraqi authorities. The Tribunal concluded that the disallowance was not justified and allowed the expenses.3. Enhancement of Commission Expenses:The CIT(A) not only confirmed the disallowance of inland transportation expenses but also enhanced the assessment by disallowing commission expenses. The assessee contended that the commission payments were made for services rendered in procuring export orders and were allowable under Section 37(1) of the Income-tax Act. The Tribunal noted that the assessee provided evidence of payments made through banking channels and that the services were necessary for the export business. The Tribunal referenced several decisions, including those of the Kolkata Bench and the Hon'ble Kolkata High Court, which supported the deductibility of such expenses. The Tribunal concluded that the commission expenses were allowable and not prohibited by law.4. Charging of Interest under Sections 234B and 234C:The assessee argued that the charging of interest under Sections 234B and 234C was illegal. However, the Tribunal's decision on the main issues rendered this point moot, and it was not specifically addressed in detail.5. Deduction under Section 80HHC on Account of DEPB:The assessee raised an additional ground regarding the deduction under Section 80HHC on account of DEPB, arguing that the retrospective amendment was discriminatory. The Tribunal referred to the decision of the Hon'ble Supreme Court in the case of Topman Export vs. CIT, which supported the assessee's claim. The Tribunal directed the AO to allow the deduction under Section 80HHC in accordance with the Supreme Court's decision.Conclusion:The Tribunal allowed the appeals of the assessee in part, concluding that the inland transportation and commission expenses were allowable deductions. The Tribunal also directed the AO to allow the deduction under Section 80HHC on account of DEPB as per the Supreme Court's ruling. The decision on the validity of reopening of assessment was deemed academic and not specifically addressed. The order was pronounced in the open court on 21/02/2014.