2009 (11) TMI 50 - HC - Income Tax

Appeal allowed, Tribunal's order set aside, remanded for fresh decision. Clarifications on tax deductions & pre-operative expenses.

The appeal was allowed, the Tribunal's order was set aside, and the matter was remanded to the Tribunal for a fresh decision in accordance with the law. ... Deduction u/s 80HHC – pre-operative expenses - ITAT hold that Central Sales Tax and Sales Tax be excluded from the total turnover of the assessee while computing deduction u/s 80 HHC - ITAT directed not to reduce 10% of the interest income portfolio income, investment income, Misc. receipt and rental income from the profit of business for the purpose of computation of deduction under section 80 HHC of I.T. Act, 1961 – tribunal allowed pre-operative expenses of Rs.6011,744/- held that – matter require reconsideration by tribunal – matter remanded Issues:1. Whether Central Sales Tax and Sales Tax should be excluded from the total turnover of the assessee while computing deduction u/s 80 HHCRs.2. Whether certain types of income should be excluded from the profit of the business for the purpose of computation of deduction under section 80 HHC of the Income Tax Act, 1961Rs.3. Whether pre-operative expenses should be allowed as a deduction despite being treated as capital expenditure under section 35(D)(2)(d) of the Income Tax Act, 1961Rs.Analysis:1. The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The first issue raised was regarding the exclusion of Central Sales Tax and Sales Tax from the total turnover of the assessee for computing deduction under section 80 HHC. The counsel for the revenue acknowledged that this issue could no longer be pressed due to relevant judgments by the Supreme Court and the High Court. Therefore, this issue was no longer in contention.2. The second issue concerned the exclusion of certain types of income, such as interest income, portfolio income, investment income, miscellaneous receipts, and rental income, from the profit of the business for the purpose of computing deduction under section 80 HHC. The counsel for the revenue argued that a similar issue had been addressed by the Supreme Court in a different case, indicating that the matter would require reconsideration by the Tribunal. The Tribunal had not adjudicated on this issue previously.3. The third issue revolved around the allowance of pre-operative expenses amounting to Rs. 6011,744 despite the provisions of section 35(D)(2)(d) of the Income Tax Act, 1961, which treated such expenses as capital expenditure. The counsel for the assessee did not dispute the position presented by the revenue. Consequently, the appeal was allowed, the Tribunal's order was set aside, and the matter was remanded to the Tribunal for a fresh decision in accordance with the law.In conclusion, the judgment addressed various issues related to the computation of deductions under section 80 HHC of the Income Tax Act, 1961, and provided clarity on the legal interpretations and implications of certain types of income and expenses in the context of taxation laws.