DCIT, JAIPUR vs. OMIL-JSC (JV), KAMENG, JAIPUR
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the CIT(A) was justified in allowing deduction under Section 80IE for foreign currency fluctuation gain and excess provision written back. The Tribunal followed its own earlier decision in the assessee's own case for AY 2011-12.
What were the facts?
The revenue appealed against the CIT(A)'s decision to allow deduction under Section 80IE for foreign currency fluctuation gain and excess provision written back. The assessee is a joint venture firm engaged in hydro-mechanical work in Arunachal Pradesh.
What were the issues?
Whether foreign currency fluctuation gain and excess provision written back are eligible for deduction under Section 80IE of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES (SMC
Before: SHRI BHAGCHANDvk;dj vihy la-@ITA No. 1114/JP/2016
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR Jh Hkkxpan] ys[kk lnL;] ds le{k BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER vk;dj vihy la-@ITA No. 1114/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2012-13 cuke Deputy Commissioner of M/s OMIL-JSC (JV), Vs. Income Tax, Kameng, Om Tower, Church Circle-2, Jaipur. Road, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAAJO 0083 B vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by : Smt. Poonam Rai (DCIT) fu/kZkfjrh dh vksj ls@ Assessee by : Shri B.B. Maheshwari (CA) lquokbZ dh rkjh[k@ Date of Hearing : 16/03/2017 mn?kks"k.kk dh rkjh[k@ Date of Pronouncement : 24/04/2017 vkns'k@ ORDER
PER: BHAGCHAND, A.M. This is an appeal filed by the revenue emanates from the order dated 18/10/2016 passed by the ld CIT(A)-I, Jaipur for the A.Y. 2012-13, wherein the revenue has taken following grounds of appeal: “1. Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in allowing deduction U/s 80IE of the Act in respect of foreign currency fluctuation gain of Rs. 31,50,972/-. 2. Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) has erred in allowing deduction U/s
ITA 1114/JP/2016_ 2 DCIT Vs M/s OMIL-JSC(JV), Kameng
80IE of the Act in respect of income of Rs. 68,397/- earned by way of excess provision written back.”
Both the grounds of the revenue’s appeal are interlined and are
against allowing the deduction U/s 80IE of the Income Tax Act, 1961 (in
short the Act). The brief facts of the case are that the assessee is a joint
venture firm between Om Metals Infra project Ltd. and JSC(JV), Ukrain. It
has been awarded a work of manufacturing, fabrication, erection and
commissioning of Penstock, Steel Liners, steel Radial gates of Hydro
mechanical work/equipments in the State of Arunachal Pradesh. The work
was awarded by NIPCO. The assessee has carried out the manufacturing
work in Arunachal Pradesh. The assessee is eligible for deduction U/s 80IE
of the Act.
The ld DR has vehemently supported the order of the Assessing
Officer. At the outset of hearing, the ld AR of the assessee has submitted
that the issue raised in this appeal has already been decided by the Hon’ble
ITAT in assessee’s own case in ITA No. 160/JP/2015 for the A.Y. 2011-12
order dated 16/6/2016, then the ld CIT(A) has granted relief by considering
the order of the Hon’ble ITAT.
I have heard both the sides on this issue, the ld. CIT(A) has decided
both the issues by holding as under:-
ITA 1114/JP/2016_ 3 DCIT Vs M/s OMIL-JSC(JV), Kameng
“(i) The brief facts of the case are that the appellant is a joint venture firm between M/s Om Metals Infra Project Ltd and JSC (JV) Ukrain. It has been awarded a work of manufacturing, fabrication, erection and commissioning of Penstock, Steel Liners, Steel Radial gates of Hydro- mechanical work/equipment in the State of Arunachal Pradesh. The work was awarded by NIPCO. The AO has allowed deduction U/s 80IE of Income Tax Act to the appellant, but excluded the miscellaneous income and foreign currency gain by observing that for claiming deduction u/s 80IE of the Act:
(i) the profit and gain should be derived by an undertaking to which this section applies
(ii) the undertaking should manufacture or produce for eligible articles or things.
Consequently, the AO did not consider miscellaneous income on account (ii) of excess provision written back : Rs. 68,397/-, currency fluctuation : Rs. 31,50,972/- as a part of manufacturing income and thereby made the additions and determined the total income at Rs. 32,19,369/- against returned income of Rs. Nil.
(iii) During the appellate proceedings, it was submitted by the appellant that the provisions were made for the expenses incurred in that year, but not paid due to same technical reasons. In its case, the deduction U/s 80IE has been allowed since its inception, hence the provision made in earlier year was made for some expenses and in that year net income even after this provisions was not taxable. As such, this is the expenditure which has been booked in excess in earlier year and by this amount the deduction U/s 80IE has been reduced in the said year since the deduction is available for the unit for consecutive 10 year. The AO has wrongly interpreted the same and
ITA 1114/JP/2016_ 4 DCIT Vs M/s OMIL-JSC(JV), Kameng
taken out from the eligible income and that too without any observation. It was further submitted that the provision written back is the part and parcel of income of the unit and, hence it cannot be separated.
(iv) Regarding the action of the AO in not allowing deduction u/s 80IE of the Act on foreign currency fluctuation of Rs. 31,50,972/-, it was submitted that for manufacturing, it has to purchase the raw materials within the country as well has to import and whatever price it paid for the import, is claimed against the receipt. The imported raw material was purchased on the basis of letter of credit (L/C), and while making the payment of L/C, the rate of foreign currency (US$) was reduced and, therefore, the payment was made a little less than the billed amount, and, therefore, the difference was created as income in fluctuation of foreign currency standards. However the AO treated it as income from other sources which is totally wrong since it is very much a part and parcel of the manufacturing unit of the JV. It was further submitted that the for the AY 2011-12, the Ld. CIT(A) has allowed deduction u/s 80IE of the Act in respect of both of the above issues, which was also confirmed by the Hon’ble ITAT, Jaipur.
(v) I have duly considered the submissions of the appellant, assessment order and the material placed on record. It is noted that for the AY 2011-12, in the case of the appellant itself in ITA No. 459/13-14, vide order dated 29.12.2014, the Ld. CIT(A) has allowed deduction u/s 80IE of the Act in respect of excess provision written back and gain on foreign currency fluctuation, which was upheld by the Hon’ble ITAT, Jaipur vide its order dated 16.06.2016 in ITA No. 160/JP/2015. The relevant extracts of the above referred order of Hon’ble ITAT are reproduced as under:
ITA 1114/JP/2016_ 5 DCIT Vs M/s OMIL-JSC(JV), Kameng
“4.3. We have heard rival contentions and perused the material on record. The Id. CIT (A) in para 3.3.2. has given the finding of fact as under:
“I have duly considered AO’s contention and appellant's submission, perused the materials on record, duly considered factual matrix of the case as also applicable legal position. Assessee is a JV concern, which sources its raw materials locally and also imports a substantial part from international market. For imported raw materials, payments are being made in foreign currencies, which are quite volatile, there is no dispute in this regard. The foreign currency gain is the part of raw material as assessee contends that raw materials have been booked by less amount of Rs. 22,41,619/- there is nothing wrong in this claim. Assessee is entitled for deduction u/s 80IE of the Act, on this also. In view of these facts and circumstances as discussed above, AO is directed to allow deduction u/s 80IE in this regard and also to delete the addition of Rs. 22,41,619/-."
The revenue has not rebutted these findings by placing any contrary material on record. It is also not the case of the revenue that the raw material as imported by the assessee was not utilized in the manufacturing process. Therefore, we do not see any reason to interfere into the order of Id. CIT (A). The ground of the revenue is rejected.
"5.3. We have heard the rival contentions and perused the material on record. The Id. CIT (A) has given the finding of facts as under:
"3.2.2. I have duly considered AO's contention and appellant’s submission, perused the materials on record, duly considered factual matrix of the case and also applicable legal position. The amount written off pertains to sundry creditors. It's an excess provision made for some expenses, not made in the current year but booked excess in earlier years and once it is reversed i.e. written back, assessee has to offer for taxation. This is perfectly correct as per accountancy principle. As such, this is the expenditure, which has been booked in excess in earlier year and by this amount the deduction u/s 80IE has been reduced in the said year since the deduction is available for the unit for consecutive 10 years. In view of facts and circumstances discussed above, AO’s action in treating the excess provision written back as income of Rs. 63,899/- cannot be justified, hence deleted.”
The above finding of the Id. CIT (A) is not rebutted by the revenue by placing any contrary material on record. Therefore, we do not see any
ITA 1114/JP/2016_ 6 DCIT Vs M/s OMIL-JSC(JV), Kameng reason to interfere into the order of Id. CIT (A). The ground of the revenue is rejected."
(vi) As the facts of the case apparently remains the same, I do not find any reason to differ the findings of Ld. CIT (A) and the Hon’ble ITAT for the AY 2011-12, therefore, respectfully following the decision of Hon’ble ITAT, as discussed above, it is held that the AO was not justified in not allowing deduction u/s 80IE of the Act in respect of excess provision written back of Rs. 68,397/- and foreign currency fluctuation gain amounting to Rs. 31,50,972/- and thus, the AO is hereby directed to allow deduction u/s 80IE of the Act in respect of excess provision written back and foreign currency fluctuation.”
Since both the issues are covered in favour of the assessee by the order of
the ITAT dated 16/06/2016 passed in assessee’s own case for the
assessment year 2011-12 and the ld. CIT(A) has given relief relying on the
decision of the ITAT. Therefore, by respectfully following the order of the
ld. CIT(A), I dismiss both the grounds of the revenue’s appeal.
In the result, the appeal of the revenue is dismissed.
Order pronounced in the open court on 24/04/2017.
Sd/- ¼Hkkxpan½ (BHAGCHAND) ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 24th April, 2017 *Ranjan
ITA 1114/JP/2016_ 7 DCIT Vs M/s OMIL-JSC(JV), Kameng आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू vihykFkhZ@The Appellant- The DCIT, Circle-2, Jaipur. 1. izR;FkhZ@ The Respondent- M/s OMIL-JSC (JV), Kameng, Jaipur. 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 1114/JP/2016) 6. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
More judgments on Section 80IE
- ACIT, Guwahati vs Umesh Kumar Beriya, Guwahati, AssamITA 362/GTY/2025[2022-23]Status: Disposed27 Aug 2026AY 2022-23
- Nellie Ahmed, Guwahati vs ACIT Cir-2, GuwahatiITA 291/GTY/2025[2017-18]Status: Disposed27 Aug 2026AY 2017-18
- Anjali Packaging, Sikkim vs D.C.I.T., Circle - 3(2), Gangtok, SikkimITA 2017/KOL/2025[2021-2022]Status: Disposed6 Jul 2026AY 2021-2022
- Mahashakti Cements, Guwahati vs Income Tax Officer, Ward- 2(1), GuwahatiITA 286/GTY/2025[2012-13]Status: Disposed23 Jun 2026AY 2012-13
- Sanjeevani Tea Industries, Assam vs ITO, Ward - 1, Tinsukia, AssamITA 39/GTY/2026[2020-21]Status: Disposed7 May 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026