2015 (6) TMI 600 - AT - Income Tax

Tribunal rulings on tax deductions: Revenue's appeals dismissed, assessee's partly allowed

ACIT, Vapi and others Versus Hamilton Houseware P. Ltd. and others

ACIT, Vapi and others Versus Hamilton Houseware P. Ltd. and others - TMI Issues Involved:1. Section 80IB deduction eligibility.2. Netting of interest income.3. Inclusion of exchange rate difference in profits.4. Eligibility of scrap income for deduction.5. Deduction under Section 35(1)(iii).6. Exclusion of export incentives from profits.7. Treatment of debits/credits written off.8. Exclusion of trading sales from profits.9. Excess production of refills.10. Software expenses treatment.11. Set-off of losses against profits.12. Exclusion of other incomes from profits.Issue-wise Detailed Analysis:1. Section 80IB Deduction Eligibility:The Revenue challenged the CIT(A)'s order allowing the Section 80IB deduction despite the assessee failing to obtain a factory license before the cut-off date. The Tribunal upheld the CIT(A)'s decision, referencing the Bombay High Court ruling in CIT vs. Jolly Polymers, which stated that a violation under the Factories Act does not disqualify a deduction under Section 80IB.2. Netting of Interest Income:The Revenue contested the CIT(A)'s decision to allow net interest income to be excluded from profits eligible for Section 80IB deduction. The Tribunal upheld the CIT(A)'s decision, citing a previous Tribunal ruling in the assessee's favor for the preceding assessment year.3. Inclusion of Exchange Rate Difference in Profits:The Revenue argued that exchange rate differences should not be included in profits eligible for Section 80IB deduction. The Tribunal upheld the CIT(A)'s decision, referencing a coordinate bench ruling that such gains are part of export profits.4. Eligibility of Scrap Income for Deduction:The Revenue contended that scrap income should not be eligible for Section 80IB deduction. The Tribunal upheld the CIT(A)'s decision, referencing the jurisdictional High Court ruling in DCIT vs. Harjivandas J. Zaveri, which held that scrap generated from manufacturing is directly connected to the business activity.5. Deduction under Section 35(1)(iii):The Revenue challenged the CIT(A)'s order allowing a deduction under Section 35(1)(iii) for lack of necessary certificates. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had provided the required acknowledgments and donation receipts.6. Exclusion of Export Incentives from Profits:The assessee contested the exclusion of export incentives from profits eligible for Section 80IB deduction. The Tribunal remitted the issue back to the Assessing Officer for fresh adjudication, referencing the Supreme Court decisions in Excel Industries and Topman Exports.7. Treatment of Debits/Credits Written Off:The assessee challenged the exclusion of debits/credits written off from profits eligible for Section 80IB deduction. The Tribunal remitted the issue back to the Assessing Officer for re-examination based on the assessee's books and details.8. Exclusion of Trading Sales from Profits:The assessee did not press for the exclusion of trading sales from profits eligible for Section 80IB deduction. The Tribunal rejected this ground for non-prosecution.9. Excess Production of Refills:The Revenue treated the excess production of refills as a trading activity not eligible for Section 80IB deduction. The Tribunal disagreed, holding that the assessee's manufacturing activity entitled it to the deduction.10. Software Expenses Treatment:The Revenue challenged the CIT(A)'s order treating software expenses as revenue expenditure. The Tribunal upheld the CIT(A)'s decision, noting that the expenditure was written off as it was not implemented by the payee firm.11. Set-off of Losses Against Profits:The assessee contested the set-off of losses against profits for Section 80IC deduction. The Tribunal allowed the assessee's claim, referencing the Madras High Court ruling in Velayudhasamy Spinning Mills, which held that such losses cannot be notionally brought forward for set-off.12. Exclusion of Other Incomes from Profits:The assessee challenged the exclusion of other incomes (e.g., export incentives, sundry balances written back) from profits eligible for Section 80IB deduction. The Tribunal remitted these issues back to the Assessing Officer for fresh adjudication based on the Supreme Court decisions in Excel Industries and Topman Exports.Conclusion:The Tribunal dismissed the Revenue's appeals and partly allowed the assessee's appeals, remitting several issues back to the Assessing Officer for fresh adjudication. The decisions were based on established legal precedents and careful examination of facts and records.