2021 (8) TMI 480 - HC - Income Tax

Tribunal Upholds Assessee's Deduction Claim, Rejects Revenue's Argument

Commissioner of Income Tax, Chennai. Versus M/s. Ayshwarya Sea Food Pvt. Ltd.

The Tribunal ruled in favor of the assessee, affirming their entitlement to deduction under Section 80HHC due to maintaining separate accounts for export ... Deduction u/s 80 HHC - separate books of account are maintained with respect to export and other units - Whether Tribunal was right in holding that the assessee is entitled for deduction u/s 80 HHC by reckoning with the profit of the export unit alone and ignoring the losses of the other units without considering the decision of the Apex Court in the case of Ipca Laboratories [2004 (3) TMI 9 - SUPREME COURT] - HELD THAT:- As the facts of the case in Ipca Laboratories Ltd. were entirely different and couched in a different manner and there was no separate account maintained as in the case on hand. This factual position has been clearly brought out by the Commissioner of Income Tax (Appeals) in the order dated 10.09.2008 and the fact that the assessee was maintaining separate Books of Accounts for the export unit and the trading division, has not been disputed by the Assessing Officer. In such circumstances, the decision in the case of Chamundi Textiles (Silk Mills) Ltd. [2012 (6) TMI 317 - MADRAS HIGH COURT] would clearly apply to the facts and circumstances of the case on hand. - Decided against revenue. Addition u/s 40A(3) - cash payments made towards the purchase of shrimp feed - HELD THAT:- Commissioner of Income Tax (Appeals) considered the legal issue and found that, what was purchased was undoubtedly a fish or fish product, which will fall within the scope of Rule 6DD(f)(iii) and if it is so, no disallowance under Clause (a) of Sub-Section (3) of Section 40A shall be made and no payment shall be deemed to be the profits and gains of business or profession under Clause (b) of Sub-Section (3) of Section 40A. This aspect has been factually brought out by the Commissioner of Income Tax (Appeals) as well as the Tribunal. - Decided against revenue. Issues Involved:1. Entitlement for deduction under Section 80HHC with separate books of account for export and other units.2. Entitlement for deduction under Section 80HHC considering only the profit of the export unit and ignoring losses of other units.3. Applicability of disallowance under Section 40A(3) for cash payments made towards the purchase of shrimp feed.Issue-wise Detailed Analysis:Issue 1: Entitlement for deduction under Section 80HHC with separate books of account for export and other unitsThe Tribunal held that the assessee is entitled to deduction under Section 80HHC where separate books of account are maintained for export and other units. The Revenue's argument relied on the decision in Ipca Laboratories Ltd., which stated that when export losses exceed profits, the deduction under Section 80HHC is not permissible. However, the Tribunal differentiated this case from Ipca Laboratories Ltd., noting that the assessee maintained separate accounts for its export and trading divisions, a fact not disputed by the Assessing Officer. The Tribunal applied the decision in Chamundi Textiles (Silk Mills) Ltd., which supported the assessee's claim for deduction when separate accounts are maintained and there is no intermingling of funds. Consequently, the Tribunal ruled in favor of the assessee on this issue.Issue 2: Entitlement for deduction under Section 80HHC considering only the profit of the export unit and ignoring losses of other unitsThe Tribunal addressed whether the assessee could claim deduction under Section 80HHC by considering only the profit of the export unit and ignoring the losses of other units. The Revenue cited the Ipca Laboratories Ltd. case, which required considering both profits and losses across all units. However, the Tribunal found that the facts in Ipca Laboratories Ltd. were different from the present case. The Tribunal referred to Chamundi Textiles (Silk Mills) Ltd., where it was held that if separate accounts are maintained and there is no intermingling of funds, the export unit's profits can be considered independently for deduction under Section 80HHC. The Tribunal concluded that the assessee's case aligned with Chamundi Textiles (Silk Mills) Ltd., thus entitling the assessee to the deduction.Issue 3: Applicability of disallowance under Section 40A(3) for cash payments made towards the purchase of shrimp feedThe Tribunal examined whether disallowance under Section 40A(3) applied to the assessee's cash payments for shrimp feed. The assessee explained that cash payments were made directly into the supplier's bank account due to business practices and logistical reasons. The Commissioner of Income Tax (Appeals) and the Tribunal accepted this explanation, considering it reasonable and customary in the industry. The Tribunal noted that the purchases fell within the scope of Rule 6DD(f)(iii), which exempts certain payments from disallowance under Section 40A(3). The Tribunal found no reason to draw an adverse inference against the assessee and upheld the decision to not disallow the payments.Conclusion:The Tribunal dismissed the Revenue's appeal, affirming the assessee's entitlement to deduction under Section 80HHC based on the maintenance of separate accounts for export and trading units, and rejecting the applicability of disallowance under Section 40A(3) for cash payments. The Tribunal's decision was grounded in the factual distinctions from the Ipca Laboratories Ltd. case and aligned with the principles established in Chamundi Textiles (Silk Mills) Ltd.