2011 (1) TMI 723 - HC - Income Tax

DEPB - Allowing deduction u/s 80HHC on the face value of DEPB where turnover exceeds Rs.10 crores - Incorporating the entire DEPB amount computation of business profit u/s 28(iiib) - Hence the matter is covered in favour of the revenue by orders of this Court date(CIT v. M/s Victor Forgings) and ITA No. 299 of 2010 (CIT v. F.C. Sondhi) wherein after noticing the judgment of Bombay High Court in CIT v. Kalpataru Colours & Chemicals the matter was remanded to the Tribunal for fresh decision in accordance with law.

Summary

Issues:
1. Deduction under section 80HHC on the face value of DEPB.
2. Deduction under section 80HHC in respect of entire DEPB amount.
3. Reliance on the decision of Income-tax Appellate Tribunal, Special Bench, Mumbai.

Analysis:

Issue 1:
The appeal was filed by the revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Delhi Bench regarding the deduction under section 80HHC on the face value of DEPB. The substantial question of law raised was whether the ITAT was justified in allowing the deduction when the turnover exceeds Rs.10 crores, considering the amendments made by the taxation Law (Amendment) Act, 2005 with retrospective effect from 01.04.1998. The learned counsel for the appellant argued that the matter is covered in favor of the revenue based on previous court orders in similar cases, citing the judgment of Bombay High Court in CIT v. Kalpataru Colours & Chemicals, 2010. The Court disposed of the appeal in the same terms as the earlier orders, without issuing a notice to the respondent.

Issue 2:
The second issue pertained to the deduction under section 80HHC in respect of the entire DEPB amount by incorporating it in the computation of business profit under section 28(iiib). The Court's decision was influenced by the previous orders of the Court in similar cases where the matter was remanded to the Tribunal for a fresh decision in accordance with the law after considering the judgment of the Bombay High Court. The Court found that the matter was already covered by previous orders and disposed of the appeal accordingly.

Issue 3:
The third issue revolved around the reliance placed by the ITAT on the decision of the Income-tax Appellate Tribunal, Special Bench, Mumbai in the case of M/s Topman Exports Vs. ITO, despite the reversal of the decision by the Hon'ble Bombay High Court in the case of CIT Vs. Kalpataru Colours and Chemical. The Court, based on the previous orders and the judgment of the Bombay High Court, disposed of the appeal without issuing a notice to the respondent, granting them the liberty to move the Court if they had any grievances against the order.

This detailed analysis of the judgment highlights the key issues raised, arguments presented, and the Court's decision based on previous precedents and legal considerations.