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2012 (5) TMI 187 - HC - Income TaxClaim of exemption denied in view of Section 10-A subsection (9) and (9A) - as the assessee was earlier a proprietorship concern, but converted into a partnership firm during the previous year Held that - Sub-sections (9) and (9-A) were no longer in existence w.e.f. 1/4/2004 i.e. for assessment year 2004-2005 and there is no other provision for disallowance of benefit to assessee under section 10-A - the Board s Circular No.7/2003 dated 05/9/2003 mentions that benefit is attached to the undertaking and not to owner thereof - It is an acknowledged legal position that beneficial circular issued by CBDT is binding on the department in favour of assessee.
Issues:
1. Appeal under Section 260-A of the Income Tax Act, 1961 against denial of exemption under Section 10-A for the assessment year 2004-2005. 2. Interpretation of Section 10-A sub-sections (9) and (9A) of the Act, 1961. 3. Validity of denial of exemption due to conversion from proprietorship to partnership. 4. Applicability of CBDT circulars in determining eligibility for exemption. Analysis: Issue 1: The appeal was filed against the denial of exemption under Section 10-A of the Income Tax Act, 1961 for the assessment year 2004-2005. The Assessing Officer had denied the exemption on the grounds that the assessee was earlier a proprietorship concern but converted into a partnership firm during the relevant previous year. The Commissioner of Income Tax (Appeals) upheld this decision, leading to appeals before the Tribunal by both the assessee and the department. The Tribunal allowed the assessee's appeal, leading to a subsequent appeal by the department. Issue 2: The main contention revolved around the interpretation of Section 10-A sub-sections (9) and (9A) of the Act, 1961. The Department argued that the Tribunal's order was incorrect based on these sub-sections. However, it was noted that these sub-sections were omitted by the Finance Act, 2003, with effect from 1st April 2004, which was applicable for the assessment year in question. As there was no other provision for disallowance of the benefit to the assessee under Section 10-A, the Tribunal's decision was upheld. Issue 3: The Department contended that the conversion of the assessee from a proprietorship to a partnership firm disentitled them from claiming benefits under Section 10-A. However, it was concluded that this argument did not find support in the plain language of the relevant sub-sections of Section 10-A or in the Circular issued by the CBDT. Previous exemptions granted to the undertaking supported the Tribunal's decision that the assessee was entitled to claim exemption under Section 10-A. Issue 4: The relevance of CBDT circulars in determining eligibility for exemption was highlighted. The Circular issued by the CBDT was considered binding on the department, as per established legal principles. The judgment referenced a Supreme Court case to emphasize the binding nature of CBDT circulars on income tax authorities. The reliance on a previous judgment in a different context was deemed misplaced, as the current case involved a distinct issue regarding the interpretation of exemption provisions. In conclusion, the appeal was dismissed as no substantial question of law was found to be involved, and the assessee was held entitled to claim exemption under Section 10-A of the Income Tax Act, 1961 for the assessment year 2004-2005.
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