1991 (1) TMI 212 - AT - Income Tax

Appeal allowed in tax case, Section 263 order not justified. Clarification on export turnover deduction.

The Tribunal allowed the assessee's appeal in ITA No. 1357/Hyd/88, concluding that the Commissioner's order under Section 263 was not justified. As a ... - Issues:- Interpretation of Section 80HHC(1)(b) of the IT Act- Validity of Commissioner's order under Section 263- Eligibility for additional deduction on incremental turnover of exportsInterpretation of Section 80HHC(1)(b) of the IT Act:The appeal involved a dispute regarding the interpretation of Section 80HHC(1)(b) of the IT Act. The Commissioner had set aside the assessment order of the Assessing Officer, contending that the additional deduction under this section was wrongly allowed. The assessee argued that the order of the ITO was not erroneous and that they were entitled to the additional deduction on the incremental turnover of exports. The key contention was whether the goods exported in both years needed to be the same for claiming the additional deduction under this section. The Tribunal analyzed the language of the section and referred to a previous decision to conclude that the assessee did not need to export the same goods to qualify for the deduction. The Tribunal held that the ITO had rightly allowed the additional deduction, and the Commissioner's order was not justified.Validity of Commissioner's order under Section 263:The Commissioner invoked the provisions of Section 263, setting aside the assessment order of the ITO. The Commissioner believed that the ITO's order was erroneous and prejudicial to the interests of Revenue. However, the Tribunal disagreed with this assessment. The Tribunal found that the ITO's order was not erroneous in allowing the additional deduction under Section 80HHC(1)(b). The Tribunal held that the Commissioner was not justified in invoking Section 263, as the ITO's order was in accordance with the law. The Tribunal ultimately canceled the Commissioner's order under Section 263 of the IT Act.Eligibility for additional deduction on incremental turnover of exports:The crux of the issue revolved around the eligibility of the assessee for the additional deduction on the incremental turnover of exports. The Departmental Representative argued that since the assessee did not export the same goods for the year under consideration, they were not entitled to the deduction under Section 80HHC(1)(b). Conversely, the assessee contended that the goods exported did not need to be the same in both years to claim the deduction. The Tribunal, after considering the arguments and relevant legal provisions, ruled in favor of the assessee. The Tribunal held that the assessee was eligible for the additional deduction under Section 80HHC(1)(b) and allowed the appeal in favor of the assessee.Conclusion:The Tribunal allowed the assessee's appeal in ITA No. 1357/Hyd/88, concluding that the Commissioner's order under Section 263 was not justified. As a result, ITA No. 1434/Hyd/90 was dismissed as infructuous. The judgment clarified the interpretation of Section 80HHC(1)(b) of the IT Act, emphasizing that the goods exported in different years did not need to be the same for claiming the additional deduction on incremental turnover of exports.