2012 (10) TMI 316 - HC - Income Tax

Sale of Scrap Assessee contended that a sum of Rs.20,10,947/- on account of sale of scraps was integral part of export business and therefore could have to be excluded from the export turnover. - The next contention of assessee is that the Tribunal should have accepted that the assessee obtained unsecured loan of Rs.57 Lakhs from the HUF of Major General (Retired) P.P. Subherwal. - held that - Tribunal was perfectly justified in remanding the matter on these questions of facts.

Summary

Issues:
1. Appeal against order dated 30.12.2009 passed by Income Tax Appellate Tribunal for the assessment year 2004-05.
2. Inclusion of income from sale of scrap in export turnover for computation of profits eligible for exemption u/s 10B.
3. Treatment of unsecured loan obtained by the assessee from HUF of Major General (Retired) P.P. Subherwal.

Issue 1:
The appeal was filed against the order dated 30.12.2009 by the Income Tax Appellate Tribunal for the assessment year 2004-05. The appellant, represented by Mr. Binod Poddar, Senior Advocate, argued that the assessee was unable to comply with the order passed on 22.6.2012. The Tribunal held that the impugned receipts from the sale of scraps were local receipts and did not constitute export turnover, hence correctly excluded from export turnover for calculating profits eligible for exemption u/s 10B. The Tribunal vacated the order of the CIT(A) and restored that of the Assessing Officer, stating that the action was in conformity with the law. The Tribunal's decision was supported by the fact that no authority was cited by the assessee to challenge their contention.

Issue 2:
The assessee claimed that the income from the sale of scraps was an integral part of the export business and should not have been excluded from the export turnover. However, the Department disputed this claim and relied on a judgment of the Supreme Court. The Tribunal, after hearing both parties, concluded that the impugned receipts did not meet the criteria of export turnover as defined in section 10B. The Tribunal emphasized that the receipts were not received for items exported in convertible foreign exchange and were rightly excluded from export turnover. The Tribunal's decision was upheld as it was deemed to be a correct interpretation of the law.

Issue 3:
Regarding the unsecured loan obtained by the assessee from the HUF of Major General (Retired) P.P. Subherwal, the Tribunal found discrepancies in the audit report and the actual transactions. The Assessing Officer discovered that the loan amount was utilized by another company within the group, indicating that the assessee was being used as a conduit. The Tribunal noted that the explanations provided by the assessee were inconsistent and lacked evidence of Sanjay Sabherwal's creditworthiness. As a result, the Tribunal set aside the order of the CIT(A) and the Assessing Officer, directing a fresh examination of the matter in accordance with the law. The Tribunal's decision to remand the matter was deemed appropriate based on the factual discrepancies and lack of substantial evidence presented by the assessee.

In conclusion, the High Court dismissed the appeal after considering all the issues raised by the appellant and finding no substantial question of law involved.