2005 (1) TMI 95 - HC - Income Tax

Summary

Issues:
1. Interpretation of provisions under Income-tax Act, 1961 regarding taxation of cash assistance received against exports.
2. Taxability of cash incentives received by a registered firm for making exports.
3. Applicability of retrospective amendment in section 28 of the Act by the Finance Act, 1990.

Analysis:
1. The primary issue in this case revolves around the interpretation of provisions under the Income-tax Act, 1961 concerning the taxability of cash assistance received against exports. The Tribunal had to determine whether the addition of Rs. 3,29,328 made on account of cash assistance was legally right to be deleted, disregarding the provisions of section 2(24)(va) and section 10(3)(ii) of the Act, along with Board's Circular No. 1690 dated February 11, 1986. The Tribunal held that the cash compensatory support received from the Government of India against exports would not be a taxable receipt, contrary to the decisions by the Income-tax Officer and the Commissioner of Income-tax (Appeals).

2. The second issue pertains to the taxability of cash incentives received by a registered firm for making exports. The respondent-assessee, a registered firm engaged in the manufacture and sale of engineering items, had received cash incentives for exports amounting to Rs. 3,29,328. Initially, the amount was offered for assessment but later claimed to be non-taxable in the revised return. The Income-tax Officer and the Commissioner of Income-tax (Appeals) taxed the amount, while the Tribunal deleted the addition, citing that the cash assistance against exports would not be taxable.

3. The final issue involves the applicability of the retrospective amendment in section 28 of the Act by the Finance Act, 1990. The retrospective amendment introduced clause (iiib) which stated that cash assistance received against exports under any scheme of the Government of India is chargeable to income tax under the head "Profits and gains of business or profession." The Tribunal's decision to delete the addition of cash assistance was overturned in light of this retrospective amendment, leading the High Court to answer the question referred in favor of the Revenue and against the assessee.

This judgment highlights the importance of interpreting tax provisions accurately and considering retrospective amendments that may impact the taxability of certain receipts, such as cash assistance received against exports under government schemes.