2022 (12) TMI 1360 - AT - Income Tax

ITAT Mumbai: 'Other income' eligible for deduction under Section 80IA

Transworld Terminals Dadri Private Limited (Formerly Albatross Inland Ports Private Limited) Versus Dy. CIT Circle 14 (1) (1) Aaykar Bhavan, Mumbai

The ITAT MUMBAI ruled in favor of the assessee regarding the eligibility of 'other income' for deduction under Section 80IA of the Income-tax Act, 1961. ... Deduction u/s 80IA - income included under the head “other income’ - HELD THAT:- During the year, the assessee has received rent, interest on fixed deposits receipt, interest on income tax refund balances written back and further miscellaneous income - All these income have been considered by the co-ordinate Bench in assessee’s own case as income eligible for deduction u/s 80 IA of The Act. Therefore, respectfully following the decision of co-ordinate bench in assessee’s own case [2019 (1) TMI 458 - ITAT MUMBAI] we direct the learned Assessing Officer to consider the interest on IT refund for set off against interest expenditure and to grant deduction u/s 80IA on all other income included under the head “other income’ . Accordingly, ground of the appeal of the assessee is allowed. Issues involved:Appeals filed by the assessee against the appellate order for A.Y. 2012-13, 2014-15, and 2015-16; Eligibility of a sum under 'other income' for deduction under Section 80IA of the Income-tax Act, 1961; Initiation of penalty proceedings.Analysis:Issue 1: Eligibility of 'other income' for deduction under Section 80IA of the ActThe assessee, engaged in operating a Container Freight Station (CFS), reported 'other income' of &8377;18,97,000, which was held to be not eligible for deduction under Section 80IA of the Act by the Assessing Officer. The assessee contended that the income, including rent, interest, balances written back, and miscellaneous income, was derived from the industrial undertaking and thus eligible for deduction. The Authorized Representative cited a previous case where similar income items were allowed for deduction. The Tribunal, considering the precedent and the nature of the income, directed the Assessing Officer to grant deduction under Section 80IA for all 'other income' items. Therefore, the ground of appeal on this issue was allowed.Issue 2: Initiation of penalty proceedingsThe assessee raised concerns about the premature initiation of penalty proceedings, which were dismissed by the Tribunal as premature in nature. The Tribunal held that the penalty proceedings were premature, and therefore, dismissed the appeals on this issue.In summary, the Appellate Tribunal ITAT MUMBAI ruled in favor of the assessee in the appeals concerning the eligibility of 'other income' for deduction under Section 80IA of the Income-tax Act, 1961. The Tribunal allowed the appeals on the grounds related to the eligibility of income items and dismissed the appeals concerning the premature initiation of penalty proceedings. The judgment provided detailed reasoning based on precedent and the nature of the income involved, ensuring a fair and comprehensive decision in favor of the assessee.