2013 (9) TMI 988 - HC - Income Tax

Disallowance made on account of premium payable on redemption of debentures - Whether the Tribunal was justified in holding that deduction under Section 80I is allowable without taking note of the deduction under Section 80HH of the Act? - Held that - Decided against the revenue by an earlier decision in the case of the respondent assessee 2011 (1) TMI 1308 - DELHI HIGH COURT following the judgment in Commissioner of Income-Tax v. S.K.G. Engineering P. Ltd. 2005 (5) TMI 37 - DELHI High Court ) and Joint Commissioner of Income Tax v. Mandideep Eng. And Pkg. Ind. Pvt. Ltd.; 2006 (4) TMI 75 - SUPREME Court - Decided in favour of assessee. Deduction under Section 80HH - ITAT allowed deduction without adjustment of brought forward business loss in respect of Unit No.3 at Bhawani - Held that - The assessment order is very brief and factual details are not set out. In fact the assessment order refers to the earlier order for the assessment year 1987-88 and records that respondent assessees claim stands rejected. Commissioner of Income Tax (Appeals) did not go into the facts but confirmed the reasoning of the assessing officer in view of the earlier order for the assessment year 1987-88. He has recorded that the respondent assessee had submitted that brought forward losses have been adjusted in the earlier years and there was no brought forward losses which had to be adjusted in the assessment year in question. He had relied upon the decision of CIT v. Balmer Lawrie and Co. Ltd. (1994 (5) TMI 5 - CALCUTTA High Court ). Order of the Tribunal, reversed these orders, in view of their order for the assessment year 1987-88. However, factual matrix has not been discussed.We are not in a position to comment upon and answer question No.2 in view of lack and absence of facts & returned unanswered.

Summary

Issues:
1. Disallowance of premium payable on redemption of debentures
2. Deduction under Section 80HH without adjustment of brought forward business loss
3. Deduction under Section 80I without considering Section 80HH deduction

Analysis:
1. The appeal by the revenue for the assessment year 1990-91 raised substantial questions of law regarding the disallowance of the premium payable on the redemption of debentures amounting to Rs. 15 lacs. The Tribunal's decision to delete this disallowance was justified based on previous judgments, and the issue was decided against the revenue in favor of the assessee.

2. Regarding the allowance of deduction under Section 80HH without adjusting the brought forward business loss for Unit No.3 at Bhawani, the Tribunal's decision was based on a previous ruling for the assessment year 1987-88. The revenue did not challenge this decision for the earlier year, leading to a lack of detailed factual analysis in the assessment order for the current year. The Court highlighted the absence of necessary facts and relevant documents from the appellant to provide a conclusive answer to this issue, ultimately returning it unanswered.

3. The Tribunal's decision on the deduction under Section 80I without considering the deduction under Section 80HH was also in favor of the assessee, following previous judgments. The Court upheld this decision against the revenue, emphasizing the importance of factual details and relevant documentation in addressing such issues. The appeal was disposed of without costs, concluding the judgment.