2011 (4) TMI 98 - HC - Income Tax

Deduction Under section 80HHC r.w. section 80IA(9) r.w. section 80IB(13) - As per the case of Friends Castings (P) Ltd. Vs. Commissioner of Income Tax 2010 - TMI - 203417 - Punjab and Haryana High Court after considering the scheme of the relevant provisions it was held that Section 80-IA(9) barred claim for deduction under any other provision of the Chapter VI-A if deduction under Section 80-I has been allowed - same view has been taken by Delhi High Court in Great Eastern Exports Vs. Commissioner of Income Tax 2010 -TMI - 202426 - DELHI HIGH COURT - Hence appeals filed by the assessee have to be dismissed and appeals filed by the revenue have to be allowed.

Summary

Issues:
1. Interpretation of provisions of Section 80HHC, 80IA(9), and 80IB(13) regarding deduction claim.
2. Eligibility of Duty Entitlement Pass Book Scheme and interest received for claim under Section 80IB.

Analysis:
1. The judgment deals with multiple appeals involving common questions of law. The Court considered the interpretation of provisions of Section 80HHC, 80IA(9), and 80IB(13) regarding the deduction claim. The assessee raised substantial questions of law related to the restriction of the deduction claim. The Court referred to precedents like Friends Castings (P) Ltd., Olam Exports (India) Ltd., and Great Eastern Exports to support its decision. The Court noted that Section 80-IA(9) bars the claim for deduction under any other provision if deduction under Section 80-I has been allowed. Despite a different view taken by the Bombay High Court, the Punjab and Haryana High Court upheld its previous stance and agreed with the views of the Kerala High Court and Delhi High Court.

2. The Court examined whether the Duty Entitlement Pass Book Scheme and interest received qualify as amounts derived and eligible for a claim under Section 80IB. After reviewing the judgment of the Bombay High Court and considering their previous decisions, the Court maintained its position in line with Friends Castings (P) Ltd. The Court dismissed the appeals filed by the assessee and allowed the appeals filed by the revenue based on the interpretation of the relevant provisions. The judgment emphasized the consistency of its stance with previous decisions and the agreement with the views expressed by other High Courts. Finally, the Court ordered the dismissal of the assessee's appeals and the allowance of the revenue's appeals, directing a photocopy of the order to be placed in each connected case file.