2010 (9) TMI 1140 - HC - Income Tax

Summary

Issues involved:
The judgment involves the interpretation of various provisions of the Income Tax Act, 1961 related to the taxation of profits from the sale of Duty Entitlement Pass Book (DEPB) entitlements and the calculation of deduction under Section 80HHC of the Act.

ITA No. 466 of 2010:
The revenue filed ITA No. 466 of 2010 under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The substantial questions of law raised in this appeal pertain to the treatment of total sale consideration inclusive of face value of DEPB and premium amount received, profit on transfer of DEPB entitlement, interpretation of the term "profit" under Sections 28(iiid) and 28(iiie) of the Act, and the deduction under Section 80HHC. The appellant argued that previous court orders favored the revenue's position based on judgments of the Bombay High Court.

The High Court found that the matter was indeed covered by earlier court orders in similar cases and disposed of the appeal accordingly. The Court did not issue notice to the respondent but granted liberty to the respondent to approach the Court if they had any grievances against the order.

ITA No. 467 of 2010:
The judgment also pertains to ITA No. 467 of 2010, which was preferred by the revenue under Section 260A of the Income Tax Act. The issues raised in this appeal were similar to those in ITA No. 466 of 2010, concerning the treatment of profits from the sale of DEPB entitlements and the computation of deduction under Section 80HHC of the Act.

The Court found that the issues in ITA No. 467 of 2010 were also covered by the earlier court orders and disposed of the appeal in the same terms as ITA No. 466 of 2010. The respondent was granted liberty to move the Court if they had any grievances against the order.

By considering the previous court orders and the judgments of the Bombay High Court, the High Court of Punjab and Haryana upheld the revenue's position on the taxation of profits from DEPB transactions and the calculation of deductions under the Income Tax Act, 1961.