2010 (10) TMI 1181 - HC - Income Tax

High Court Appeal: ITAT Order on Income Tax Act Section 80IB Appeal

The High Court heard an appeal by the revenue challenging the ITAT order regarding the deduction u/s 80IB of the Income Tax Act, 1961 for export ... - Issues involved: Appeal by revenue u/s 260-A of the Income Tax Act, 1961 against ITAT order for assessment year 2005-06 on deduction u/s 80IB for export incentives.Summary:The High Court heard an appeal by the revenue challenging the ITAT order regarding the deduction u/s 80IB of the Income Tax Act, 1961 for export incentives for the assessment year 2005-06. The substantial questions of law raised included the eligibility of the assessee for the deduction, the application of a previous judgment, and the distinction between an exporter and a supporting manufacturer for claiming the deduction on Duty Drawback and DEPB. The ITAT's decision was questioned based on the interpretation of relevant legal provisions and previous court rulings.The first issue raised was whether the ITAT was correct in restoring the matter to the file of the AO on the issue of allowing deduction u/s 80IB of the Income Tax Act, 1961 on export incentives. The second issue questioned the justification of applying a previous judgment in a different context to the eligibility of section 80IB for the assessee. The third issue focused on the ITAT's decision to allow section 80IB deduction based on a different case, raising concerns about the applicability of the decision to the current scenario. The fourth issue challenged the ITAT's distinction between an exporter and a supporting manufacturer for claiming the deduction u/s 80IB on Duty Drawback and DEPB, citing a Supreme Court ruling on the matter.The learned counsel for the assessee acknowledged that a previous court order was unfavorable to the assessee's case. Consequently, the High Court disposed of the appeal in line with the earlier court order, thereby concluding the matter based on the existing legal precedent.