2011 (2) TMI 134 - HC - Income Tax

Profit U/s 28(iiid) and 28(iiie) - Deduction - Sale consideration inclusive of face value of DEPB and premium amount received - Deduction under Section 80HHC - The matter is covered in favour of the revenue by orders of this Court CIT v. M/s Victor Forgings and CIT v. F.C. Sondhi (2010 - TMI - 203399 - PUNJAB AND HARYANA HIGH COURT) wherein after noticing the judgment of the Bombay High Court in CIT v. Kalpataru Colours & Chemicals (2010 - TMI - 76895 - BOMBAY HIGH COURT) the matter was remanded to the Tribunal for fresh decision in accordance with law

Summary

Issues:
1. Interpretation of Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961 regarding profit calculation.
2. Deduction of face value of DEPB from sale price for profit calculation.
3. Requirement of artificial cost interpolation for profit determination under Section 80HHC.

Analysis:

Issue 1:
The appeal raised substantial questions of law concerning the interpretation of Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961. The primary contention was whether the profit chargeable under these sections should include the total sale consideration inclusive of the face value of DEPB and premium amount received. The ITAT's interpretation of the term "profit" in these sections was questioned, emphasizing that the entire amount, including premium, should be considered as profit in the hands of the assessee.

Issue 2:
Another point of contention was the deduction of the face value of DEPB from the sale price for calculating profit under Sections 28(iiid) and 28(iiie). The ITAT's approach of treating the face value as the cost incurred by the assessee to acquire the DEPB was challenged, questioning whether such deduction was appropriate for profit calculation.

Issue 3:
The final issue revolved around the requirement of any artificial cost interpolation for determining profit under Section 80HHC of the Income Tax Act, 1961. The ITAT's decision to deduct the face value of DEPB/DFRC from the sale proceeds for the purpose of deduction under Section 80HHC was scrutinized, particularly in light of the retrospective effect of the amendment made by the Taxation Laws (Amendment) Act, 2005 from 01.04.1998.

In the judgment, the Court noted that the matter was previously addressed in other cases and disposed of the appeal accordingly. Citing relevant orders of the Court in similar matters, the appeal was concluded in favor of the revenue without issuing notice to the respondent. The respondent was granted liberty to approach the Court if they had any grievances against the order, indicating a procedural aspect of the disposal of the appeal.