1987 (9) TMI 71 - AT - Income Tax

Tribunal upholds assessee's claims on deductions, subsidies, and capital computation in tax appeal.

INCOME TAX OFFICER. Versus TATA EXPORTS LTD.

The Tribunal dismissed the Revenue's appeal and upheld the CIT(A)'s directions in favor of the assessee on all issues. This included allowing the assessee ... - Issues:1. Entitlement to weighted deduction under section 35B on stamp charges on export documents.2. Treatment of subsidy received from the government for setting up an industry in a specified backward area in the calculation of depreciation.3. Inclusion of work-in-progress in the computation of capital for determining relief under section 80J.4. Sequence of deductions under sections 80HH and 80J in relation to investment allowance.Entitlement to Weighted Deduction under Section 35B:The appeal by the Revenue was against the CIT(A)'s direction allowing the assessee-company to claim weighted deduction under section 35B for stamp charges on export documents. The Revenue argued that such expenses were chargeable to the trading account and not eligible for weighted deduction under section 35B. However, the assessee contended that these expenses were incurred wholly and exclusively for executing export contracts and fell under the provisions of section 35B. The Tribunal noted that the relevant explanation to section 35B had been substituted, making it inapplicable to the assessment year in question. Considering the nature of the expenses and following precedent, the Tribunal upheld the CIT(A)'s direction in favor of the assessee.Treatment of Subsidy for Setting Up Industry in Specified Backward Area:The dispute involved whether the subsidy received from the government for establishing an industry in a specified backward area should be deducted from the cost of assets for calculating depreciation. The Revenue relied on a High Court ruling, while the assessee cited a Tribunal decision and previous orders in their favor. The Tribunal observed that the subsidy was not intended to meet the cost of specific assets but was a general payment to the industrial unit. Following the Tribunal's precedent and the assessee's arguments, the direction of the CIT(A) to not deduct the subsidy from the asset costs for depreciation calculation was upheld.Inclusion of Work-in-Progress for Relief under Section 80J:The issue revolved around whether work-in-progress should be considered in the computation of capital for determining relief under section 80J. Both parties referred to a High Court judgment with similar arguments. The Tribunal, respecting the High Court's decision, upheld the CIT(A)'s direction to include work-in-progress in the capital computation for section 80J relief.Sequence of Deductions under Sections 80HH and 80J with Investment Allowance:The final dispute concerned the order of deductions under sections 80HH and 80J concerning investment allowance. Both parties referred to a case with similar arguments. The Tribunal followed the precedent and upheld the CIT(A)'s direction that deductions under sections 80HH and 80J should be calculated before considering investment allowance, dismissing the Revenue's appeal.In conclusion, the Tribunal dismissed the Revenue's appeal, upholding all directions by the CIT(A) in favor of the assessee on the issues of weighted deduction under section 35B, treatment of subsidy for depreciation, inclusion of work-in-progress for section 80J relief, and the sequence of deductions under sections 80HH and 80J with investment allowance.