Samode Group, comprised of diversified business entities, is having its registered office located at Jaipur with various business verticals located at different places within and outside the country. The Board of directo
CS Professional · Direct Tax Law & Practice · PYQS · December 2019
Samode Group, comprised of diversified business entities, is having its registered office located at Jaipur with various business verticals located at different places within and outside the country. The Board of directors regularly have meetings with the heads of each of the business verticals, along with group Finance Director, Company Secretary, Director Taxation and other senior managers and consultants, for reviewing the business results of each of the units and to sort out the various issues. A meeting of all these heads was scheduled for 30th August, 2019 to discuss the various matters relating to taxation and to ascertain as to filing of the return of income of the group companies for the A.Y. 2019-20. The matters which were scheduled for discussion in this meeting, as listed were as under: (3) Another company of the Samode Group has received duty drawback under a scheme framed by the Central Government as per the provisions of the Customs Act, 1962 of ₹ 20 lakhs. This company is entitled to claim a deduction under section 80-IB of the Income-tax Act, 1961 and wants to claim the amount of duty drawback so received as forming part of profits of the eligible undertaking for claiming deduction u/s 80-IB. Advise the company as to whether the amount of duty drawback received will form part of the profits derived by the eligible undertaking for claiming deduction under section 80-IB. Support your advice with the ruling given by the Court, if any.
Answer & Explanation:
Duty drawback, whether profit derived from Industrial Undertaking Duty drawback is an incentive given to the person as an export incentive under the Customs Act, 1962. The object behind the duty drawback is to neutralize the incidence of customs duty payment on the import content of export product. The profits derived by way of such incentives do not fall within the expression 'profits derived from industrial undertaking' as specified in section 80-IB of the Act. The Supreme Court in the case of Liberty India vs. CIT [2009] , held that the duty drawback receipt/ DEPB benefits do not form part of the net profits of eligible industrial undertaking for the purposes of section 80-I/80-IA/80-IB. The company is thus advised that the amount of duty drawback received will not form part of profits of the eligible undertaking for claiming the benefit of deduction u/s 80-IB.
Topics: Deductions under Chapter VI-A
Related Questions in this Topic
- The following are the details of income provided by Manish, the assessee for the financial year ended 31st March, 2021 :...
- Under the provisions of a tax treaty between India and Dubai, any capital gains arising from the sale of shares of Sun I...
- PWSI Ltd. engaged in the business of TMT manufacturing also effected the sales and purchase of shares of other Companies...
- The books of accounts maintained by Janta Vikash Party registered with Election Commission for the year ended 31st March...
- "Stylish Trends" filed its return of income as partnership firm for the relevant assessment year admitting a total incom...