Income Tax Appellate Tribunal - Chandigarh
Getrag Hi-Tech Gears (India) P. Ltd., ... vs Department Of Income Tax on 30 April, 2012
IN THE INCOME TAX APPELLATE TRIBUNAL
CHANDIGARH BENCHES 'B' CHANDIGARH
BEFORE Ms. SUSHMA CHOWLA, JUDICIAL MEMBER
SHRI MEHAR SINGH, ACCOUNTANT MEMBER
ITA No. 1060/Chd/2011
(Assessment Year: 2007-08)
The J.C.I.T.(OSD), Vs. Getrag Hi-Tech Gears (India) P. Ltd.,
Circle I, E-46, Focal Point,
Ludhiana Ludhiana
PAN No. AABCG1650J
(Appellant) (Respondent)
Appellant By : Shri Akhilesh Gupta
Respondent By : Shri Kawal Jain
Date of hearing : 30.04.2012
Date of Pronouncement : 30.04.2012
ORDER
PER SUSHMA CHOWLA, JM
The appeal by the Revenue is against the order of C IT (Appeals)-I, Ludhiana dated 04.08.2011 relating to assessment year 2007-08 against the order passed under section 143(3) of the I.T. Act, 1961.
2. The grounds of appeal raised by the assessee are as under:-
"1. That the Ld. CIT(A) erred in law and on facts in deleting the addition of Rs.55,28,202/- made by the Assessing Officer by disallowing exemption u/s 10B of the Income Tax Act, 1961 on the following items of income which are not directly related to the profits 'derived from' industrial undertaking from export of articles or things:-
(i) Sundry creditors written back Rs.5,28,107/-
(ii) Exchange rate difference Rs.2,36,744/-
(iii) Sale of empties and misc. scrap Rs.1,33,374/-2
(iv) Scrap sale Rs.47,29,977/-
Total Rs.55,28,202/-
3. The learned A.R. for the assessee pointed out that the said issue is covered by the order of the Tribunal in assessee's own case relating to assessment years 2005-06 and 2006-07. The learned A.R. for the assessee also pointed out that the issue now stands covered by the order of Special Bench of Tribunal Indore in Maral Overseas Ltd. Vs. C IT (ITA Nos.777 & 900(Ind) of 2004 & 2995 & 356 (Ind) of 2006).
4. The Ld. DR for the Revenue placed reliance on the order of the Assessing Officer.
5. The Assessing Officer had disallowed the exemption u/s 10B of the Income Tax Act on certain items of income holding that the same were not derived from the export of articles or things and hence not strictl y related to the profits derived from industrial undertaking. The CIT(A) had allowed the claim of the assessee following the ratio laid down by the Tribunal in assessee's own case relating to assessment years 2005-06 and 2006-07.
6. The assessee during the year under consideration had in addition to the profits of business had also claimed exemption u/s 10B of the Income Tax Act on the following income:-
a. Sundry creditors written back (Rs.5,28,107/-) b. Exchange rate difference (Rs.2,36,744/-) c. Sale of empties and misc. scrap (Rs.1,33,374/-) d. Scrap sale (Rs.47,29,977/-) 3
7. The nature of the said receipts were explained before the Assessing Officer and also C IT(A) and are incorporated in their orders. The claim of the assessee was that the above said incomes were earned as part of the business operation and hence were eligible to be considered as profits derived from industrial undertaking in turn eligible for deduction u/s 10 B of the Income Tax Act. The Tribunal in ITA No. 838/Chd/2009 relating to assessment year 2005-06 vide order dated 29.1.2010 had considered the issue and had taken support from the ratio laid down by the Hon'ble Rajasthan High Court in CIT Vs. Hycron India Ltd [(2008) 308 ITR 251 (Raj)] wherein it was held as under:
"For all purposes, profits and gains of business or profession, and income from other sources, are treated, by the Act to be different species of income. In this background, s.2(24) as such, does not categorize separately, profits and gains of business or profession. Thus expression "Profits and gains" as used in s.2(24), is wider expression, and is not confined to "Profits and gains of business or profession:. In this background, the language of s. 10B, again, provides for exemption, with respect to any "profits and gains" derived by the assessee, and is not confined to "profits and gains of business and profession" as provided under s.14D. The income derived by the assessee from sister concern, does fall within expression "profits and gains".
8. The individual items of income were referred to by the Tribunal in para 13 to 16 of its order dated 29.10.2010 and the benefit of deduction claimed u/s 10B of the Act was allowed on the under mentioned receipts of income.
(i) Previous year's provision of expenses Rs. 57,520/-4
Written back Exchange rate difference
(ii) Exchange rate difference Rs. 75,574/-
(iii) Misc. Income (Sale of empty
Packing material) Rs. 1,36,460/-
iv) Sale of scrap (generated during
Manufacturing process) Rs. 21,98,999/-
Total Rs. 23,98,553/-
9. The Tribunal in ITA No.128/Chd/2011 relating to assessment year 2006-07 vide order dated 28.7.2011 had dismissed the appeal of the Revenue on similar issue.
10. We find that during the year under appeal, the issue relates to similar items of income. Following the order of the Tribunal in assessee's own case relating to assessment years 2005-06 and 2006-07 (supra), we allow the claim of the assessee vis-a-vis the items of income, Sundry creditors written back, Exchange rate difference, Sale of empties and misc. scrap and Scrap sale and hold that the said income being profits of business is entitled to benefit of deduction claimed u/s 10B of the Act. Thus, the grounds of appeal raised by the Revenue are dismissed.
11. In the result, appeal of the Revenue is dismissed.
Order Pronounced in the Open Court on this 30 t h day of April, 2012.
Sd/- Sd/-
(MEHAR SINGH) (SUSHMA CHOWLA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated : 30 t h April, 2012
*Rati*
Copy to: The Appellant/The Respondent/The CIT(A)/The CIT/The DR.
True Copy By Order Assistant Registrar, ITAT, Chandigarh