2018 (9) TMI 797 - HC - Income Tax

Tax Appeals Dismissed: Deduction Dispute Upheld, Expenditure Eligibility Confirmed

The appeals by the Revenue challenging the deduction under section 80 HHC of the Income Tax Act were dismissed. The Tribunal's decision to allow the ... Allowing deduction u/s 80HHC on the basis of book profits u/s 115JA even though the eligible profits u/s 80HHC was NIL as per normal computation ? - Held that:- Substantial question of law is decided against the Revenue and in favour of the assessee by relying upon the decision in the case of Ajantha Pharma Limited Vs. Commissioner of Income Tax [2010 (9) TMI 8 - SUPREME COURT] and Commissioner of Income Tax Vs. Bhari Information Tech System Private Limited [2011 (10) TMI 19 - SUPREME COURT OF INDIA] Expenditure incurred on issue of shares as eligible to be amortised u/s 35D - Held that:- Substantial question of law is decided against the Revenue in the light of the decision of the assessee's own case in Shasun Chemicals and Drugs Limited Vs. Commissioner of Income Tax [2016 (9) TMI 1199 - SUPREME COURT OF INDIA] Loss on account of exchange fluctuation - where the accounting was on mercantile basis, the loss on account of exchange fluctuation could be claimed and deducted even in a year prior to the payment in foreign exchange? - Held that:- Substantial question of law is decided against the Revenue by relying upon the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax Vs. Woodward Governor India Private Limited [2009 (4) TMI 4 - SUPREME COURT] Issues:1. Allowance of deduction under section 80 HHC of the Income Tax Act based on book profits under section 115JA.2. Eligibility of expenditure incurred on the issue of shares to be amortized under section 35D of the Income Tax Act.3. Allowability of loss on account of exchange fluctuation for payments not yet made.Analysis:Issue 1:The appeals by the Revenue challenge the order of the Income Tax Appellate Tribunal concerning the deduction under section 80 HHC of the Income Tax Act. The substantial question of law revolves around whether the Tribunal was correct in allowing the deduction based on book profits under section 115JA, even when the eligible profits under section 80HHC were Nil as per normal computation. The Tribunal's decision is supported by the Supreme Court's rulings in Ajantha Pharma Limited and Bhari Information Tech System Private Limited. Consequently, the first substantial question of law is decided against the Revenue and in favor of the assessee, leading to the dismissal of the appeals.Issue 2:Regarding the eligibility of expenditure incurred on the issue of shares to be amortized under section 35D of the Income Tax Act, the Tribunal's decision is influenced by the precedent set in Shasun Chemicals and Drugs Limited case. The second substantial question of law is decided against the Revenue, aligning with the assessee's case law, resulting in the dismissal of the appeals.Issue 3:The third substantial question of law pertains to the allowance of loss on account of exchange fluctuation for payments not yet made. The Tribunal's decision finds support in the Supreme Court's ruling in the case of Commissioner of Income Tax Vs. Woodward Governor India Private Limited. Consequently, this substantial question of law is also decided against the Revenue, leading to the dismissal of the appeals. In conclusion, all three substantial questions of law are answered against the Revenue and in favor of the assessee, resulting in the dismissal of the appeals without costs.