2009 (11) TMI 538 - HC - Income Tax

Reassessment - assessee would under the guise of questioning the taxability would in effect convert it as his appeal or revision in disguise which is impermissible in law particularly having accepted the assessment orders reassessment proceedings pertaining to particular income - claim for exemption from the taxability under section 10B in reassessment proceedings is to be restricted only to the extent of escaped income and not the entire income as claimed by the assessee

Summary

Issues:
1. Interpretation of provisions under section 80HHC of the Income-tax Act, 1961.
2. Claim for exemption under section 10B of the Act in reassessment proceedings.
3. Validity of reopening assessments and the scope of claims in reassessment proceedings.

Analysis:

1. The case involved the interpretation of provisions under section 80HHC of the Income-tax Act, 1961. The Assessing Officer found discrepancies in the claim for deduction under section 80HHC by the assessee, leading to rectification proceedings and subsequent reassessment. The initial claim for deduction was not allowed due to non-receipt of convertible foreign exchange within the prescribed time frame.

2. The main issue revolved around the claim for exemption under section 10B of the Act in the reassessment proceedings. The assessee, in the revised return, sought exemption of the entire income under section 10B, which was not claimed initially. The Tribunal held that once income is exempt, it cannot be taxed, leading to a dispute regarding the validity of reopening assessments and the scope of claims in reassessment proceedings.

3. The High Court analyzed the contentions of both the Revenue and the assessee. The Revenue argued that the assessee cannot claim new exemptions in reassessment proceedings, relying on the judgment in CIT v. Sun Engineering Works P. Ltd. The assessee contended that it was justified in claiming exemption under section 10B in the revised return, as the original assessment did not challenge the same. The Court emphasized that reassessment proceedings should focus on escaped income and rejected the assessee's claim for exemption of the entire income under section 10B in reassessment.

4. The Court clarified that while the Tribunal's finding regarding the claim for exemption under section 10B in reassessment proceedings was justified to the extent of escaped income, it should not apply to the entire income. The appeal was allowed in part, with the questions of law answered in favor of the Revenue, confirming the Tribunal's order only to the extent related to escaped income.

5. Ultimately, the High Court directed the parties to bear costs, concluding the judgment on the issues of interpretation of provisions under section 80HHC, claim for exemption under section 10B in reassessment, and the validity of reopening assessments.