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2011 (11) TMI 451 - HC - Income TaxDeduction u/s 80IA – Tribunal held that proportionate Corporate and Head Office expenses viz salary, wages and bonus also to be taken into account for computing deduction u/s 10A - Held That:- The order of Tribunal that the Assessing Officer must examine the accounts either of corporate/Head Office accounting or of Silvasa Unit to ascertain essential expenditure incurred at the corporate office for running Silvasa Unit has gone wrong lending misplaced support to the concept of “best judgment”, because of non-availability of the materials or relying upon the accounting of the assessee. We think that this is not the way to find essential expenditure actually incurred for the Silvasa Unit alone. Set aside the order of Tribunal and direct the AO to implement earlier two decisions of the Tribunal calling for the audited accounts both Silvasa Unit as well as audited accounts of corporate office and to find out the expenses incurred essentially for the Silvasa Unit the amount of such expenses if found shall be deducted from the profit earned at the Silvasa Unit, if there is none in real sense obviously, no other expenditure at the corporate level which is remotely or indirectly related should be taken into consideration.
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