2015 (1) TMI 13 - HC - Income Tax

High Court Affirms Tribunal Decision on Deduction Calculation Under Section 80HHC for AY 1997-98

The High Court upheld the Tribunal's decision to exclude indirect expenses and reduce indirect costs in the computation of deduction u/s.80HHC for AY ... Computation of deduction u/s 80HHC - Exclusion of indirect expenses related to factory from total turnover – Held that:- The Tribunal was rightly of the view that in absence of any material to show that a sum was not pertaining to factory expenses, the AO was rightly directly to exclude the said sum from indirect expenses being related to factory expenses – the similar matter has been decided in Hero Exports vs. Commissioner of Income-Tax, [2007 (11) TMI 13 - Supreme Court of India] - 10% of expenses for earning incentives, commission, interest etc. is required to be granted for computation of deductions u/s. 80HHC – Decided against the revenue. Issues:Challenge to the judgment and order dated 22.6.2006 by the Income Tax Appellate Tribunal for AY 1997-98.Substantial questions of law framed by the Court regarding the exclusion of indirect expenses and reduction of indirect costs in computation of deduction u/s.80HHC.Analysis:The appellant challenged the judgment and order dated 22.6.2006 passed by the Income Tax Appellate Tribunal for AY 1997-98. The Court framed substantial questions of law related to the exclusion of indirect expenses and the reduction of indirect costs in the computation of deduction u/s.80HHC. The facts of the case indicated the filing of the return declaring total income, issuance of notice under sec. 143(2) of the Act, and subsequent appeal processes. The CIT(Appeals) partly allowed the appeal, which was further appealed by the Revenue before the ITAT, resulting in dismissal. The Revenue then appealed to the High Court.During the hearing, the advocates presented their arguments, with Mr. Shah contending that the amount mentioned was incorrect and referring to the amount confirmed by the Tribunal. The Tribunal upheld the order of CIT(A) regarding the exclusion of a specific sum from indirect expenses related to factory expenses. The Court concurred with the findings of both authorities, citing the decision of the Supreme Court in Hero Exports vs. Commissioner of Income-Tax. The Court held that 10% of expenses for earning incentives, commission, interest, etc., should be granted. Consequently, the Tribunal's decision to exclude indirect expenses and reduce indirect costs was upheld, answering both questions in favor of the assessee and against the Revenue. The Tax Appeal was allowed, and the appeal was dismissed.