2014 (7) TMI 760 - AT - Income Tax

Tribunal upholds Revenue appeal on tax deduction eligibility, emphasizes compliance with court decisions

The Tribunal partially allowed the Revenue's appeal against the Commissioner of Income Tax (Appeals) order deleting the disallowance under section 80HHC ... Claim of deduction u/s 80HHC of the Act - Business of export of shrimps – Held that:- CIT(A) followed the decision in M/s.Avani Exports & Others Vs. CIT [2012 (7) TMI 190 - GUJARAT HIGH COURT] for deleting dis-allowance made u/s.80HHC - CIT(Appeals) has rightly placed reliance on the judgment of M/s.Avani Exports & Others Vs. CIT - So far as computation of deduction u/s.80HHC is concerned, it would be appropriate to remit the matter back to the AO for re-computation – Decided partly in favour of Revenue. Issues:- Appeal against order of Commissioner of Income Tax (Appeals) deleting disallowance u/s.80HHC of the Income Tax Act, 1961 for AY 2003-04.Analysis:1. The appeal was filed by the Revenue challenging the order of the Commissioner of Income Tax (Appeals) deleting the disallowance u/s.80HHC for the AY 2003-04. The assessee, engaged in shrimp export business, had filed its return of income declaring total income. The Assessing Officer disallowed a deduction claimed u/s.80HHC, leading to an appeal by the assessee before the CIT (Appeals), who allowed the issue citing a decision of the Gujarat High Court in a similar case.2. The Revenue contended that the disallowance was justified as the assessee failed to meet the eligibility conditions under section 80HHC(3) of the Act, particularly regarding export turnover exceeding Rs. 10.00 crores. The Revenue highlighted that the Gujarat High Court decision was not final as an appeal was filed before the Supreme Court. On the contrary, the assessee's representative supported the CIT (Appeals) order and sought the appeal's dismissal.3. After considering the arguments and reviewing the lower authorities' orders, the Tribunal found that the CIT (Appeals) correctly relied on the Gujarat High Court's judgment. The Tribunal decided to remit the file back to the Assessing Officer for recomputing the deduction u/s.80HHC in line with the Gujarat High Court's decision. Consequently, the appeal of the Revenue was partly allowed for statistical purposes.This judgment highlights the importance of meeting eligibility conditions for claiming deductions under the Income Tax Act and the significance of judicial precedents in tax matters. The decision to remit the case for re-computation emphasizes the need for accurate application of legal principles in determining tax liabilities.