2012 (7) TMI 1110 - HC - Income Tax

Court affirms deletion of disallowance under IT Act, stresses double taxation avoidance, clarifies deduction issue.

Commissioner Of Income Tax-Iv Versus Vishal Exports Overseas Limited

Commissioner Of Income Tax-Iv Versus Vishal Exports Overseas Limited - TMI Issues Involved:Appeal against the Income Tax Appellate Tribunal's judgment regarding the deletion of a disallowance made on account of unexplained cash credit under section 68 of the Income Tax Act, 1961.Analysis:1. Issue of Unexplained Cash Credit under Section 68:The primary issue in this case revolved around the deletion of a disallowance of Rs. 70,00,000 made on account of unexplained cash credit under section 68 of the Income Tax Act. The Assessing Officer had initially concluded that the amount in question represented bogus sales by the assessee and therefore reduced the eligibility of the assessee's deduction under section 80HHC of the Act by the same amount. Subsequently, the Commissioner (Appeals) reversed this finding, stating that there was no concrete evidence to support the claim that the sales were bogus. The Commissioner further directed the grant of deduction under section 80HHC of the Act for the disputed amount. The Tribunal, while upholding the deletion of the amount under section 68, emphasized that taxing the same income twice would result in double taxation. The High Court concurred with the Tribunal's view, noting that the Assessing Officer's actions would indeed lead to double taxation and found no reason to interfere with the Tribunal's order.2. Clarification on Deduction under Section 80HHC:A secondary issue arose regarding the deduction under section 80HHC of the Act for the disputed amount of Rs. 70,00,000. The Commissioner (Appeals) had directed that the assessee should be entitled to deduction under section 80HHC for this amount. However, the Tribunal did not address this aspect. The High Court observed that the Tribunal's finding on double taxation was based on the deletion of the disputed amount while calculating section 80HHC benefits. The Court considered remanding the proceedings for a finding on this issue but noted that the assessee clarified that they do not claim any deduction under section 80HHC for the disputed amount. As a result, the High Court dismissed all tax appeals, subject to the clarification provided by the assessee regarding the deduction under section 80HHC.In conclusion, the High Court upheld the Tribunal's decision to delete the disallowance of Rs. 70,00,000 under section 68 of the Income Tax Act, emphasizing the avoidance of double taxation. The Court also addressed the issue of deduction under section 80HHC, noting the assessee's stance on not claiming the deduction for the disputed amount, thereby avoiding the need for remand proceedings.