2011 (11) TMI 713 - AT - Income Tax

Computation of deduction u/s 80HHC on account of income by way of Duty Entitlement Pass Book (DEPB) - See M/s Fitex Industries And Ors. Versus ACIT 2011 (6) TMI 844 - ITAT CHANDIGARH - Decided in favour of assessee.

Summary

Issues:
Computation of deduction under section 80HHC of the Income Tax Act on DEPB income.

Analysis:
The appeals involved a common issue of computation of deduction under section 80HHC of the Income Tax Act on income from Duty Entitlement Pass Book (DEPB). The Assessing Officer disallowed the deduction claimed by the assessee, considering the profit on transfer of DEPB as covered under section 28 of the Income Tax Act. The CIT(A) upheld the disallowance, leading to the appeals before the Tribunal.

The Tribunal referred to the decision of a Special Bench of the Mumbai Tribunal in M/s Topman Exports v ITO and remanded the matter back to the Assessing Officer. However, the Hon'ble Punjab & Haryana High Court, in another case, observed that income from DEPB should be treated as business income for deduction under section 80HHC. The Tribunal found that the issue was in favor of the assessee based on previous judgments and directions from higher courts.

The Tribunal highlighted the judgment of the Hon'ble Bombay High Court in CIT v Kalpataru Colours and Chemicals, where it was held that the entirety of the amount received on the transfer of DEPB should be considered as business profit under section 28(iiid). The Tribunal rejected the contention that only the profits on the transfer of DEPB should be excluded from deduction under section 80HHC.

The Tribunal dismissed the appeals, stating that the Assessing Officer had correctly applied the law existing at the time of assessment. The decision to follow the law was upheld, considering the reversal of previous directions by higher courts. The appeals were thus dismissed based on the legal principles and judgments discussed in the case.

In conclusion, the Tribunal upheld the Assessing Officer's decision regarding the computation of deduction under section 80HHC on DEPB income, following the legal interpretations provided by higher courts and previous judgments. The appeals were dismissed based on the application of relevant legal principles and the existing law at the time of assessment.