2021 (10) TMI 414 - AT - Income Tax

Tribunal Allows Deduction under Section 80IA on Gross Total Income

The Assistant Commissioner of Income Tax, Ichalkaranji Circle, Ichalkaranji Versus Sanjay Danchand Ghodawat (HUF)

The Tribunal upheld the appellant's claim, allowing the deduction under Section 80IA on gross total income, not solely income from the eligible business. ... Deduction u/s.80IA(4)(iv) - As per revenue allowing deduction u/s.80IA(4)(iv) on gross total income by the CIT(Appeal), which in assessee's case includes income from salary, Income from house property and income from other sources whereas as per Section 80IA(1) the said deduction is envisaged out of profit and gains from the eligible business only - HELD THAT:- As decided in CIT Vs. Tridoss Laboratories Ltd. [2010 (2) TMI 486 - BOMBAY HIGH COURT] wherein it has been held that “in computing the total income of the assessee, there is no basis in the provisions of section 80IA to restrict the expression to total income derived from an eligible business. Having regard to the provisions noted above, the submission urged on behalf of the revenue could not accepted.” CIT(Appeal) has also referred the decision of V M Salgaocar & Brothers (P) Ltd [2015 (4) TMI 1108 - BOMBAY HIGH COURT] refereeing to question of deduction u/s.80HHC which is pari material with Section 80IA held that once income had been determined by applying the methodology as provided in Section 80HHC (3), the question of restricting the deduction in terms of Section 80AB would not arise. That Section 80AB(2) the restriction of deduction is on gross total income and in such circumstances, restriction on the total profit of business was not at all justified. This decision of the Hon‟ble Bombay High Court squarely covers the issue in favour of the assessee and in view thereof, the Ld. CIT(Appeal) has provided relief to the assessee. - Decided in favour of assessee. Issues involved:Appeal regarding deduction u/s. 80IA(4)(iv) on gross total income including income from salary, house property, and other sources; interpretation of Section 80IA(1) and 80IA(5) of the Income Tax Act, 1961.Detailed Analysis:Issue 1: Deduction u/s. 80IA(4)(iv) on gross total incomeThe appeals by the Revenue challenged the allowance of deduction u/s. 80IA(4)(iv) on gross total income, which included income from salary, house property, and other sources. The Revenue contended that the deduction should be restricted to profits and gains from the eligible business only, as per Section 80IA(1) of the Act. The Assessing Officer found an error in allowing excess deduction based on income not derived from the eligible business, leading to proceedings under section 147/148 of the Act.Issue 2: Interpretation of Section 80IA(5)The Assessing Officer restricted the deduction u/s. 80IA to the income derived from the eligible business, as per Section 80IA(5) of the Act. The appellant argued before the Ld. CIT(A) citing the decision of the Bombay High Court in Tridoss Laboratories Ltd., emphasizing that there is no basis in Section 80IA to restrict the expression to total income derived from an eligible business. The Ld. CIT(A) relied on the Bombay High Court's decision to allow the deduction on gross total income, not just income from the eligible business, in line with Section 80IA.Judgment:The Ld. CIT(A) upheld the appellant's claim based on the Bombay High Court's decisions in Tridoss Laboratories Ltd. and V M Salgaocar & Brothers (P) Ltd., emphasizing that the deduction under Section 80IA should not be restricted to income derived solely from the eligible business. The Tribunal concurred with the Ld. CIT(A)'s findings, dismissing the Revenue's appeals for the assessment years 2010-11 to 2014-15. The Tribunal applied the decisions consistently across the appeals, maintaining relief provided to the assessee. The judgment affirmed that the deduction u/s. 80IA can be allowed on the gross total income, not limited to income from the eligible business alone, as per the interpretations of the relevant provisions and court decisions.