2013 (3) TMI 843 - AT - Income Tax

Tax Tribunal Rules on Income Tax Commissioner's Jurisdiction and Deduction Errors

The Tribunal upheld the Commissioner of Income Tax's jurisdiction under section 263, finding errors in the assessment related to deductions under sections ... - Issues Involved:1. Jurisdiction exercised by CIT u/s 263.2. Deduction u/s 80-O.3. Deduction u/s 80HHC.4. Inclusion of excise duty and sales tax in total turnover.Summary:Issue 1: Jurisdiction exercised by CIT u/s 263The assessee contended that the jurisdiction exercised by CIT u/s 263 was wrongly exercised and should be quashed. The CIT noted that the assessee claimed deductions u/s 80-O and 80HHC incorrectly, leading to erroneous and prejudicial assessments. The Tribunal upheld the CIT's jurisdiction u/s 263, stating that the assessment order was erroneous and prejudicial to the revenue's interest due to lack of proper inquiry by the A.O.Issue 2: Deduction u/s 80-OThe CIT objected to the deduction u/s 80-O, arguing that the consideration must be for use, not sale, of technical know-how outside India. The Tribunal found that the assessee failed to establish that the technical know-how was exclusively used outside India. Thus, the CIT's exercise of jurisdiction u/s 263 was upheld. The Tribunal also noted that the sale agreement did not restrict the buyer from using the technical know-how in India, making the deduction u/s 80-O inapplicable.Issue 3: Deduction u/s 80HHCThe CIT objected to the exclusion of excise duty and sales tax from the total turnover for deduction u/s 80HHC. The Tribunal, referencing the Supreme Court judgment in Laxmi Machines, held that excise duty and sales tax should not be included in the total turnover for computing deduction u/s 80HHC. Thus, the CIT's objection on this point was invalid, but the overall order u/s 263 was upheld due to the erroneous deduction u/s 80-O.Issue 4: Inclusion of excise duty and sales tax in total turnoverThe revenue's appeal argued that excise duty and sales tax should be included in the total turnover for deduction u/s 80HHC. The Tribunal rejected this, citing the Supreme Court's decision in Laxmi Machines. However, the Tribunal remanded the issue of deduction u/s 80-O back to the CIT(A) for fresh decision, allowing the assessee to provide evidence that the technical know-how could not be used in India.Conclusion:The assessee's appeal and cross-objection were dismissed. The revenue's appeal was partly allowed for statistical purposes, with the matter of deduction u/s 80-O remanded for further examination.