2017 (1) TMI 184 - AT - Income Tax

Tribunal Upholds Deduction Ruling, Favors Taxpayer Interpretation

D.C.I.T., Circle-10, Kolkata Versus Vesuvious India Ltd.

The Tribunal upheld the CIT(A)'s decision that the deduction under Section 80IB should not be reduced from profits for computing the deduction under ... Recomputation of deduction u/s 80HHC without reducing the amount of deduction u/s 80IB from the eligible profits - Held that:- It is noted that the Co-ordinate bench in the case of EIH Ltd vs DCIT [2015 (10) TMI 2022 - ITAT KOLKATA came to the conclusion that for the purpose of computing deduction u/s 80lA, the deduction u/s 80HHD need not be reduced as both the deductions are independent of each other, which we agree and concur with the said view. It is also a well settled position of law that in a case where two views are possible, the view which favours the assessee must be adopted. The said view has been affirmed by the Hon'ble Supreme Court in CIT -vs.- Vegetable Products Ltd.(1973 (1) TMI 1 - SUPREME Court ).Similar view has been taken in ACIT -vs.- Hindustan Steel Industries [2004 (9) TMI 289 - ITAT AGRA ] and Deputy Commissioner Of Income-Tax. Versus Oxemberg Fashions Limited. [2007 (3) TMI 284 - ITAT BOMBAY-E ] . Therefore we concur with the contention of the assessee and thus confirm the order of the ld. CIT(A). - Decided in favour of assessee Issues Involved:1. Whether the deduction under Section 80IB should be reduced from the profits of the business for the purpose of computing deduction under Section 80HHC.2. Interpretation of Section 80IA(9) in relation to Section 80IB and Section 80HHC.3. Applicability of decisions from various High Courts and the Supreme Court on the matter of deductions under Chapter VIA.Detailed Analysis:1. Whether the deduction under Section 80IB should be reduced from the profits of the business for the purpose of computing deduction under Section 80HHC:The Revenue contended that the CIT(A) erred in directing the recomputation of the deduction under Section 80HHC without reducing the amount of deduction under Section 80IB from the eligible profits. The AO held that, in view of the provisions of Section 80IB(13), the deduction available under Section 80IB should be reduced from the profits of the business for the purpose of computing the deduction under Section 80HHC.2. Interpretation of Section 80IA(9) in relation to Section 80IB and Section 80HHC:The CIT(A) allowed the assessee's contention that the object of Section 80IA(9) affects the allowability of deduction and not the computation of deduction. The CIT(A) relied on the decision of the Hon'ble Bombay High Court in the case of Associated Capsules (P) Ltd. v. DCIT, which held that Section 80IA(9) does not affect the computability of deduction under various provisions under heading C of Chapter VI-A but affects the allowability of deductions computed under these provisions. The aggregate deduction under Section 80IA and other provisions under heading C of Chapter VI-A should not exceed 100% of the profits of the business of the assessee.3. Applicability of decisions from various High Courts and the Supreme Court on the matter of deductions under Chapter VIA:The Tribunal noted that the Hon'ble Supreme Court in Joint CIT v. Mandideep Engineering and Packaging Industries Private Limited held that Sections 80HH and 80I are independent of each other, and deductions could be claimed under both sections on the gross total income independently. This view was followed by various High Courts, including the Madhya Pradesh High Court in J.P. Tobacco Products P. Ltd. v. CIT, where it was held that both sections are independent and deductions could be claimed on the gross total income without reducing one from the other.The Tribunal also referred to other cases where the decision of the Bombay High Court in Associated Capsules (P) Ltd. was followed, such as CIT v. Millipore India P. Ltd., DCIT v. Gujarat Ambuja Cements Ltd., and CIT v. Emmbros Metal Pvt. Ltd. These cases consistently held that Section 80IA(9) affects the allowability of deductions and not the computation.Conclusion:The Tribunal upheld the CIT(A)'s order, confirming that the deduction under Section 80IB should not be reduced from the profits for the purpose of computing the deduction under Section 80HHC. The Tribunal emphasized that if two reasonable constructions of a taxing provision are possible, the one favoring the assessee should be adopted, as affirmed by the Hon'ble Supreme Court in CIT v. Vegetable Products Ltd. Therefore, the Tribunal dismissed the appeals of the Revenue.Order Pronounced:The order was pronounced in the Court on 30.12.2016.