9911796707
|
Home
Issues involved: The judgment involves the taxability of advance license benefits and pass book benefits receivable by the assessee for the assessment year 2001-02.
Taxability of advance license benefits: The Tribunal held that no income accrues until the imports are made and raw materials are consumed, following its earlier orders in the assessee's own case. The Tribunal consistently ruled in favor of the assessee, disregarding the view taken by the Ahmedabad Bench of the Tribunal. The revenue's reliance on the decision of the Ahmedabad Bench was rejected by the Tribunal, emphasizing the consistency of its own decisions. The Tribunal maintained that advance license benefits were not taxable unless goods were imported and raw materials consumed, aligning with its previous orders for various assessment years. Taxability of pass book benefits: The Tribunal referred to a judgment by the Hon'ble Bombay High Court, which held that DEPB (Duty Entitlement Passbook) benefits are not assessable in the year of export but in the year when the benefit is actually availed by the assessee. This decision was consistent with the Tribunal's own ruling in the assessee's case for the assessment years 1996-97 and 1997-98. The Tribunal affirmed the decision of the CIT(A) regarding the taxability of pass book benefits, in line with the High Court's judgment and its own precedent. Conclusion: The Tribunal dismissed the department's appeal, upholding the decisions of the CIT(A) regarding the taxability of both advance license benefits and pass book benefits. The judgment emphasized the importance of timing in determining the accrual of income from such benefits, aligning with previous rulings and the decision of the Hon'ble Bombay High Court.
|
