Income Tax

Chapter VI-A deduction allowable on disallowance u/s 40(a)(ia) for profits of the eligible business so enhanced – ITAT

Chapter VI-A deduction allowable on disallowance u/s 40(a)(ia) for profits of the eligible business so enhanced by the disallowance- ITAT

ABCAUS Case Law Citation:
ABCAUS 2457 (2018) 08 ITAT

The instant appeal was filed by the assessee challenging the order passed by CIT(A) confirming inter alia disallowance u/s 40(a)(ia) of the Income Tax Act, 1961 (the Act)

The AO noticed that design & development charges were paid by the assessee in the year under consideration without deducting tax at source. According to him, the said expenditure was liable to be disallowed u/s 40(a)(ia) of the Act and the allowance of the same in the assessment originally completed u/s 143(3) had resulted in escapement of assessee’s income to that extent.

He therefore re-opened the assessment and issued a notice u/s 148 after recording the reasons. Consequently, the assessment was completed u/s 143(3)/147 by making the said disallowance.

The CIT(A) confirmed the disallowance made by the AO.

The Tribunal observed that the expenditure in question was incurred by the assessee company in respect of its division, the entire income of which was exempt u/s 10A of the Act, being a 100% Export Oriented Unit.

The Tribunal observed that the assessee had placed reliance on the CBDT Circular No. 37/2016 issued on 02.11.2016 wherein it has been clarified that the CBDT has accepted the settled position that the disallowance made inter alia u/s 40(a)(ia) of the Act related to the business activity against which the chapter VI-A a deduction has been claimed, result as enhancement of the profits of the eligible business and that deduction under Chapter VI-A is admissible on the profits so enhanced by the disallowance.

The Tribunal opined that the spirit of this CBDT Circular was applicable in the present case inasmuch as the disallowance made u/s 40(a)(ia) on account of design & development charges related to the the Unit of the assessee company would result in enhancement of the profits of the said division and the profits so enhanced would be entitled for exemption u/s 10A resulting into no addition to the total income of the assessee.

Accordingly the Tribunal decided this issue in favour of the assessee and allowed the relevant ground resulting into deletion of the addition made by the AO and confirmed by CIT(A)

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Prima facie satisfaction u/s 148 can not be a non-existing or incorrect information

The prima facie satisfaction u/s 148 cannot be stretched to a non-existing information or incorrect information - ITAT In a…

17 hours ago
  • SEBI

Mutual Funds to value physical Gold and Silver by using the polled spot prices

Mutual Funds to value physical Gold and Silver by using the polled spot prices published by the recognized stock exchanges…

1 day ago
  • bankruptcy

SC allows simultaneous CIRP proceedings against principal debtor & corporate guarantor

Supreme Court allows simultaneous CIRP proceedings against principal debtor and its corporate guarantor, declines to frame any guidelines In a…

1 day ago
  • Income Tax

Merely because sales were declared for only one month, same cannot be treated as bogus

Merely because assessee had declared sales for only one month, the same cannot be treated as bogus on the basis…

2 days ago
  • Income Tax

ITAT deleted addition as method of accounting had been accepted in earlier years

ITAT deleted addition as the method of accounting had been accepted by the department in earlier years and the entire…

3 days ago
  • Benami

Orders passed under Benami Act cannot be challenged under IBC 2016 – SC

Orders passed under Benami Act cannot be challenged under Insolvency and Bankruptcy Code, 2016 - SC In a recent judgment,…

4 days ago