2005 (2) TMI 77 - HC - Income Tax

Deduction under section 80HHC(1)(b) - Whether Tribunal is right in law and on facts, in holding that deduction under section 80HHC(1)(b) is available at 5 per cent, on the increase in the turnover of two items separately though there is a decline in overall export turnover during the present assessment year as compared to the immediately preceding year? Held that there is no infirmity in the impugned order of the Tribunal which would require this court to interfere - Question referred to the court is, therefore, answered in the affirmative, i.e., in favour of the assessee and against the Revenue

Summary

Issues Involved:
1. Interpretation of Section 80HHC(1)(b) of the Income-tax Act, 1961.
2. Eligibility for additional deduction under Section 80HHC(1)(b) despite a decline in overall export turnover.

Issue-Wise Detailed Analysis:

1. Interpretation of Section 80HHC(1)(b) of the Income-tax Act, 1961:
The core issue revolves around the interpretation of Section 80HHC(1)(b) of the Income-tax Act, 1961, which was introduced to boost exports and earn higher foreign exchange for the country. The section provides for deductions based on export turnover, specifically:
- Clause (a): A deduction of 1% of the export turnover.
- Clause (b): A deduction of 5% of the amount by which the export turnover exceeds the export turnover of the immediately preceding previous year.

The Revenue argued that the term "total" should precede "export turnover" in Clause (b), implying that the additional deduction is only available if the total export turnover increases compared to the previous year. The court, however, found that this interpretation does not flow from the plain reading of the provision. The court emphasized that the legislative intent is to reward exporters for increasing the export turnover of specific items or commodities, not the total export turnover.

2. Eligibility for Additional Deduction under Section 80HHC(1)(b) Despite a Decline in Overall Export Turnover:
The assessee, a partnership firm, claimed the additional deduction under Section 80HHC(1)(b) based on the increase in the export turnover of garments and ossein goods, despite a decline in the overall export turnover. The Assessing Officer denied this additional deduction, arguing that the total export turnover had decreased compared to the previous year.

The court held that the additional deduction under Clause (b) is available if the export turnover of specific items or commodities exceeds that of the same items in the immediately preceding previous year. The court clarified that the requirement of "total export turnover" does not appear in the provision and importing such a term would be unwarranted. The court further explained that the phrase "such goods or merchandise" in Clause (b) refers to the same items or commodities exported in the previous year, and not to the total export turnover.

Conclusion:
The court concluded that the Tribunal was correct in holding that the deduction under Section 80HHC(1)(b) is available at 5% on the increase in the turnover of specific items, even if there is a decline in the overall export turnover. The interpretation aligns with the legislative intent and avoids rendering any part of the provision redundant. The question referred to the court was answered in the affirmative, in favor of the assessee and against the Revenue.