Goa Carbon Ltd. v. ACIT (2022) 440 ITR 257 (Bom.)(HC)

S. 80HHC : Export business-Income earned from leasing of plant and machinery-Not export turnover-Not eligible deduction. [S. 80HHC (2)(b)(i)]

Held  that the income earned by the assessee from leasing its plant and machinery in the course of its business activity of leasing was in the nature of rent as contemplated under clause (baa) of the Explanation to section 80HHC. The appellate authorities had also considered that it was net of the lease income from plant and machinery and not the gross income which was to be considered while computing the deduction under section 80HHC in accordance with clause (baa) of the Explanation. The Department was not in appeal so far as 90 per cent. of income, from leasing plant and machinery, was to be taken into account for exclusion from profits of business. The assessee did not dispute that the reduction of its claim was on account of income earned by the assessee by leasing out the plant and machinery. The income earned by leasing plant and machinery was synonymous to the words rent or charges  as contemplated in clause (baa) of the Explanation to section 80HHC. Order of Tribunal is affirmed. (AY.1995-96, 1997-98, 1998-99)