2012 (3) TMI 595 - HC - Income Tax

Summary

Issues involved:
The issues involved in the judgment are:
1. Whether the supply of food and beverages to international airlines in sealed containers constitutes export of goods out of India for the purposes of section 80HHC of the Act?
2. Whether the sale proceeds received for the supply of such food and beverages were in convertible foreign exchange within the meaning of section 80HHC of the Act?
3. Whether the petitioner is entitled to the deduction claimed under section 80HHC of the Act?

Issue 1: Supply of food and beverages to international airlines

The Court admitted the appeal based on the substantial questions of law regarding the supply of food and beverages to international airlines in sealed containers. The Senior Advocate submitted that similar points had been decided in another case of the same assessee. The Court noted that the points raised in this appeal were identical to the earlier case. Therefore, based on the decision rendered earlier by the Court, the appeal was disposed of without the need for a separate judgment.

Issue 2: Sale proceeds in convertible foreign exchange

The Court did not delve into the specifics of whether the sale proceeds received for the supply of food and beverages were in convertible foreign exchange. Instead, the Court based its decision on the fact that the points raised in the appeal were identical to those in a previous case involving the same assessee. Consequently, the Court decided to dispose of the appeal following the earlier judgment.

Issue 3: Entitlement to deduction under section 80HHC

The question of whether the petitioner was entitled to the deduction claimed under section 80HHC of the Act was not discussed in detail in the judgment. The Court focused on the fact that the points raised in the current appeal were the same as those in a prior case involving the same assessee. As a result, the Court decided to dispose of the appeal in line with the earlier judgment, without the need for a separate or different judgment.

The High Court of Calcutta, in a judgment concerning the supply of food and beverages to international airlines and the entitlement to deductions under section 80HHC of the Act, disposed of the appeal by following a previous decision involving the same assessee. The Court found the issues raised in the current appeal to be identical to those in the earlier case, leading to the decision to not deliver a separate judgment and to allow the appeal, setting aside the judgment and order under appeal.