2009 (10) TMI 653 - HC - Income Tax

Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that while computing the deduction under Section 80HHC, the deduction allowed under Section 80IB need not be reduced from the business profits ? Held that - The Tribunal has followed the judgment rendered by the Division Bench of this court in the case of SCM Creation vs. Assistant Commissioner of Income Tax 2008 (3) TMI 223 - MADRAS HIGH COURT in which one of us (K.Raviraja Pandian,J) is a party. In the said decision, the question of law has already been decided against the Revenue. Appeal dismissed.

Summary

Issues:
- Appeal against the order of the Income Tax Appellate Tribunal regarding the assessment year 2004-05.
- Whether deduction under Section 80IB should be reduced from business profits while computing deduction under Section 80HHC.

Analysis:
1. The appeal was filed by the revenue against the order of the Income Tax Appellate Tribunal for the assessment year 2004-05. The assessee, engaged in the business of automobile products and trading, had filed a return of income declaring Rs.65,98,11,813. The Assessing Officer invoked Section 80IA(9) and deducted the claim under Section 80IB from business profit while computing the deduction under Section 80HHC. The Commissioner of Appeals confirmed the assessment order based on a previous Tribunal's decision. The Tribunal, however, allowed the appeal following a Division Bench judgment, leading to the issue of whether the deduction under Section 80IB should be reduced from business profits when computing the deduction under Section 80HHC.

2. The Tribunal's decision was based on a judgment where it was held that both sections 80HH and 80-I are independent, allowing deductions under both on gross total income. Various High Courts had consistently followed this view, and the Supreme Court had dismissed a special leave petition against the Madhya Pradesh High Court's decision. The Department had not challenged this view in different High Court judgments. Therefore, the Tribunal upheld the appeal, dismissing the tax case appeal in line with the previous judgment.

3. The judgment relied on established legal principles and precedents set by various High Courts and the Supreme Court. The decision was consistent with the interpretation that deductions under different sections could be claimed independently on the gross total income. The Tribunal's decision was in line with the legal position established by previous judgments and the dismissal of special leave petitions challenging the same. As a result, the tax case appeal was dismissed, following the precedent set by the Division Bench judgment and the legal interpretation regarding deductions under Section 80IB and 80HHC.