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Issues involved:
The issue involves the assessment of excise duty refund under section 41(1) of the Income-tax Act for the assessment year 1989-90. Summary: The High Court of Karnataka addressed the question of law referred by the Income-tax Appellate Tribunal regarding the assessability of excise duty refund under section 41(1) of the Income-tax Act for the assessment year 1989-90. The Tribunal had held that the excise duty refund is not assessable under section 41(1) of the Income-tax Act. The Commissioner (Appeals) had earlier ruled that the refund cannot be taxed until the final decision of the Supreme Court is obtained. The Tribunal upheld this decision, citing precedents and emphasizing that the refund cannot be treated as remission or cessation of liability until the Supreme Court's decision is reached. In the context of remission of liability, it was noted that if the assessee has received the refund from the Government, then the provisions are applicable as per the ruling in CIT v. Thirumalaiswamy Naidu and Sons [1998] 230 ITR 534. The counsel for the assessee argued that since the amount had not been received, there was no remission of liability. The Tribunal was urged to consider whether the excise duty had actually been refunded to the assessee. It was emphasized that if the amount had already been refunded, the Tribunal's decision would not align with the law laid down by the apex court. Therefore, it was contended that the Tribunal erred in holding that the excise duty refund was not assessable under section 41(1) of the Income-tax Act. The Tribunal was advised to consider the factual position raised by the counsel for the assessee and make appropriate orders in accordance with the law.
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