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Issues: (i) whether deduction under section 80-IA(4)(iii) was allowable for the industrial park project despite delayed CBDT notification; (ii) whether miscellaneous income from sale of scrap and interest connected with park maintenance formed part of eligible business profits; (iii) whether rental receipts from kiosks or stalls within the industrial parks were eligible for deduction under section 80-IA(4)(iii); (iv) whether addition based solely on Form 26AS mismatch was justified.
Issue (i): whether deduction under section 80-IA(4)(iii) was allowable for the industrial park project despite delayed CBDT notification.
Analysis: Approval of the industrial park by the Ministry of Commerce and Industry had been granted, and the later CBDT notification was treated as a statutory formality that ought to follow upon such approval. The reasoning followed the principle that delay by the Board in issuing the notification should not defeat an otherwise eligible claim, where the project satisfied the substantive conditions for the incentive.
Conclusion: The deduction was allowable and the disallowance was rightly deleted, in favour of the assessee.
Issue (ii): whether miscellaneous income from sale of scrap and interest connected with park maintenance formed part of eligible business profits.
Analysis: The receipts were found to arise from activities integrally connected with operation and maintenance of the industrial parks, including disposal of waste material left by occupants and interest linked to electricity deposit arrangements necessary for uninterrupted functioning of the parks. The income was therefore treated as having a direct nexus with the eligible business, and the consistent treatment in earlier and later years supported that view.
Conclusion: The miscellaneous income was held eligible for deduction under section 80-IA(4)(iii), in favour of the assessee.
Issue (iii): whether rental receipts from kiosks or stalls within the industrial parks were eligible for deduction under section 80-IA(4)(iii).
Analysis: The rental receipts were treated as arising from facilities provided to occupants of the industrial parks and as an extended part of the operation and maintenance activity. Reliance was placed on the consistent past treatment and the applicable circular indicating that lease rent from developed space with amenities in an industrial park is business income for the incentive regime.
Conclusion: The rental receipts were held eligible, in favour of the assessee.
Issue (iv): whether addition based solely on Form 26AS mismatch was justified.
Analysis: The apparent difference between Form 26AS and the books was reconciled as mainly arising from reimbursement items, tax deducted on reimbursements, service tax-related amounts, and rental income already accounted for in the profit and loss account. The addition could not be sustained merely because tax had been deducted at source, since taxability depends on the character of the receipt and the reconciliation showed that the income had already been offered or otherwise explained.
Conclusion: The addition was unsustainable and was deleted, in favour of the assessee.
Final Conclusion: The substantive additions relating to deduction eligibility and alleged undisclosed receipts were rejected, while the matter concerning the write-off of sundry balances was left for fresh examination by the Assessing Officer.
Ratio Decidendi: A tax incentive claim cannot be denied where the substantive statutory conditions are met and the notification follows only with delay, and a receipt cannot be taxed merely because it appears in Form 26AS if the assessee satisfactorily reconciles it and shows its true character.
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