2025 (7) TMI 892 - AT - Income Tax

Deduction u/s 10AA - interest income earned by the appellant from fixed deposits and loans given to employees - HELD THAT -We are of the considered view that the interest income earned has to be treated as business income for the purposes of computation of deduction u/s 10A(4). As in the case of Hewlett Packard Global Soft Ltd 2017 (11) TMI 205 - KARNATAKA HIGH COURT had the occasion to consider a similar claim and held in favour of the assessee. We direct the AO to allow claim of deduction u/s 10AA of the Act on interest income on FDR and loans to employees. Ground No.1 raised by the assessee is accordingly allowed. Computation deduction u/s 10AA - Inclusion of telecommunication expenses and recovery of expenditure in respect of migration/on the job training services from the total turnover when the same were excluded from the export business - HELD THAT - As relying on own case 2024 (10) TMI 1681 - ITAT DELHI we hold that once the receipts are excluded from the export turnover they should have been excluded from the total turnover as well for the computation of deduction u/s 10AA of the Act. Accordingly AO is directed to re-compute the amount of deduction u/s 10AA by excluding these two items from the total turnover as well.

Summary

Issues Presented and Considered

The core legal questions considered by the Tribunal in the appeal arising under the Income Tax Act, 1961, assessment year 2010-11, are as follows:

1. Whether interest income earned by the assessee from fixed deposits and loans given to employees qualifies for deduction under section 10AA of the Act, or is taxable as income under the head "Income from Other Sources".

2. Whether certain receipts, specifically telecommunication expenses and recovery of expenses relating to migration/on-the-job-training services, should be included or excluded from the "export turnover" for the purpose of computing deduction under section 10AA of the Act.

3. Whether interest under section 234B of the Act was rightly levied.

4. Whether the Commissioner of Income Tax (Appeals) erred in partially upholding the Assessing Officer's order and not granting complete relief claimed by the assessee.

5. Whether the orders passed by the Assessing Officer are void ab initio and bad in law.

Issue-wise Detailed Analysis

Issue 1: Eligibility of Interest Income for Deduction under Section 10AA

Legal Framework and Precedents: Section 10AA of the Income Tax Act grants deduction to eligible undertakings located in Special Economic Zones (SEZs) in respect of profits and gains derived from export of articles or computer software. The question was whether interest income from fixed deposits and loans to employees forms part of such profits and gains eligible for deduction.

The assessee relied on judicial precedents including decisions by the Karnataka High Court in CIT vs Hewlett Packard Global Soft Ltd (403 ITR 453), and various ITAT decisions, which held that incidental income such as interest on temporarily parked funds or staff loans is part of the business income derived by the undertaking and hence eligible for deduction under section 10AA. The Karnataka High Court emphasized that sections 10-A and 10-B provide a complete code for deduction and differ from Chapter VI-A deductions (such as section 80-HH) where interest income may be excluded.

The Revenue relied on decisions such as Conventional Fastners vs CIT and others, which generally held that interest income is taxable under "Income from Other Sources" and not eligible for special deductions. However, these decisions were distinguished on the basis that they dealt with different provisions and not with section 10AA.

Court's Interpretation and Reasoning: The Tribunal accepted the reasoning of the Karnataka High Court, noting that the interest income arises in the ordinary course of the export business of the undertaking and forms part of the profits and gains derived by the undertaking. The Tribunal observed that the special nature of SEZ undertakings and the comprehensive nature of sections 10-A and 10-B meant that incidental income like interest on fixed deposits and staff loans is eligible for deduction.

Key Evidence and Findings: The assessee had earned interest income of Rs. 1,30,03,393/- on fixed deposits and loans to employees. The AO had treated this as income from other sources and disallowed deduction under section 10AA. The Tribunal found that this treatment was contrary to binding judicial precedents and the legislative intent behind section 10AA.

Application of Law to Facts: Applying the legal principles, the Tribunal directed the AO to allow the deduction under section 10AA on the interest income.

Treatment of Competing Arguments: The Tribunal distinguished the Revenue's reliance on other decisions by emphasizing the special and exclusive nature of section 10AA and the relevant judicial pronouncements supporting the assessee's claim.

Conclusion: Ground No.1 was allowed in favor of the assessee, holding that interest income on fixed deposits and loans to employees is eligible for deduction under section 10AA.

Issue 2: Inclusion/Exclusion of Telecommunication Expenses and Recovery of Migration/Training Expenses from Export Turnover for Deduction Computation

Legal Framework and Precedents: Section 10AA provides deduction based on profits and gains derived from export turnover. The definition of export turnover includes receipts from export of services but excludes certain expenses as per Explanation 1 and 2(iv) to section 10AA. The question was whether telecommunication expenses and recovery of migration/on-the-job training expenses should be included in export turnover for computing deduction.

The assessee relied on a co-ordinate Bench decision in the case of its group company (Genpact India Ltd.) for the same assessment year, where the Tribunal held that once certain receipts are excluded from export turnover, they must also be excluded from total turnover for parity in the computation of deduction under section 10AA. This approach was consistent with the Supreme Court decision in CIT vs HCL Technologies Ltd (404 ITR 719), which held that the numerator and denominator in the deduction computation must be consistent.

Court's Interpretation and Reasoning: The Tribunal accepted the co-ordinate Bench's reasoning that telecommunication expenses and recovery of migration/on-the-job-training expenses were not part of export turnover and thus should also be excluded from total turnover. This ensures parity and fairness in the deduction calculation.

Key Evidence and Findings: The assessee had excluded telecommunication expenses of Rs. 11,48,856/- and recovery of migration/on-the-job-training expenses of Rs. 4,77,99,177/- from export turnover. The AO had reduced these expenses from export turnover but did not exclude them from total turnover, resulting in a lower deduction under section 10AA.

Application of Law to Facts: Following the precedent, the Tribunal directed the AO to exclude these receipts from total turnover as well, thereby allowing a higher deduction under section 10AA.

Treatment of Competing Arguments: The Revenue argued in favor of the AO's approach, but the Tribunal found the co-ordinate Bench decision and Supreme Court ruling more persuasive and binding.

Conclusion: Grounds No.2 and 2.1 were allowed, directing recomputation of deduction under section 10AA by excluding the specified receipts from total turnover as well.

Issue 3: Levy of Interest under Section 234B

This ground raised by the assessee was general and not specifically adjudicated by the Tribunal. It was dismissed as not requiring detailed examination.

Issue 4: Partial Upholding of AO's Order by CIT(A)

This ground was also general in nature and not specifically adjudicated. It was dismissed.

Issue 5: Validity of AO's Order

The allegation that the AO's order was void ab initio and bad in law was not substantiated or discussed in detail and was dismissed.

Significant Holdings

On the eligibility of interest income for deduction under section 10AA, the Tribunal quoted the Karnataka High Court's reasoning verbatim:

"The exemption under Section 10-A and 10-B of the Act encompasses the entire income derived from the business of export of such eligible Undertakings including interest income derived from the temporary parking of funds by such Undertakings in Banks or even Staff loans. The dedicated nature of business or their special geographical locations in STPI or SEZs etc. makes them a special category of assessee entitled to the incentive in the form of 100% Deduction under Section 10-A or 10-B of the Act... Such interest income arises in the ordinary course of export business of the Undertaking even though not as a direct result of export but from the Bank Deposits etc., and is therefore eligible for 100% deduction."

On the issue of inclusion/exclusion of certain expenses from export turnover and total turnover, the Tribunal followed the Supreme Court decision in CIT vs HCL Technologies Ltd, emphasizing parity between numerator and denominator in the deduction computation:

"...items that are subject matter of reduction from export turnover in the numerator need to be reduced in the denominator from the ambit of total turnover also as admittedly total turnover is nothing but the sum total of export turnover and domestic turnover. Hence, the export turnover reflected in the numerator cannot be different from the export turnover figure reflected in the denominator."

Core Principles Established:

- Interest income earned by SEZ undertakings on fixed deposits and staff loans forms part of business income and is eligible for deduction under section 10AA.

- For computing deduction under section 10AA, any receipts excluded from export turnover must also be excluded from total turnover to maintain consistency and parity.

- General principles applicable to other deductions under Chapter VI-A cannot be analogized to the special provisions under section 10AA.

Final Determinations:

- The assessee's claim for deduction under section 10AA on interest income was allowed.

- The AO was directed to recompute deduction under section 10AA by excluding telecommunication expenses and recovery of migration/on-the-job-training expenses from total turnover as well.

- Other grounds raised by the assessee were dismissed for lack of merit or relevance.