2013 (6) TMI 190 - HC - Income Tax

Deduction under Section 80HHC - export of marble blocks which were not polished - Held that - As decided in Arihant Tiles and Marbles Pvt. Ltd case 2013 (6) TMI 45 - RAJASTHAN HIGH COURT the assessee-respondents are eligible for deduction under section 80HHC of the Act for export of marble blocks, which were cut and polished. This findings are, indisputably, binding on, this court in view of the law laid down in the case of Sudarshan Silks and Sarees v. CIT 2008 (4) TMI 5 - Supreme Court - in favour of the assessee.

Summary

Issues:
1. Deduction under section 80HHC of the Income Tax Act for export of cut and polished marble blocks.
2. Legal effect of Circular No. 693 dated 17th Nov., 1994 on the deduction claims.

Issue 1: Deduction under section 80HHC of the Income Tax Act for export of cut and polished marble blocks

The High Court considered the findings of the Tribunal in favor of the assessee-respondents, confirming their eligibility for deduction under section 80HHC of the Act for exporting marble blocks that were cut and polished. The Court emphasized that these findings were binding, citing the precedent set by the Supreme Court in a previous case. The Revenue did not challenge the correctness or validity of the Tribunal's factual findings. Consequently, the Court upheld the Tribunal's decision to allow the deduction under section 80HHC for the export of cut and polished marble blocks, leading to the dismissal of the Revenue's appeals. The Court reiterated that it was unnecessary to reexamine the Tribunal's factual findings due to their soundness.

Issue 2: Legal effect of Circular No. 693 dated 17th Nov., 1994 on the deduction claims

The Court addressed the legal effect of Circular No. 693 dated 17th Nov., 1994 on the deduction claims of the assessee-respondents. It noted that the Circular had been discussed in relation to the substantial questions of law framed in the appeals. The Court clarified that the Circular did not adversely impact the claims of the assessee-respondents and affirmed their entitlement to the deduction under section 80HHC of the Act. Consequently, the Court ruled in favor of the assessee-respondents on the second substantial question of law framed in one of the appeals, leading to the dismissal of the Revenue's appeals. The Court's decision was based on the understanding that the Circular did not impede the assessee-respondents' right to benefit from the deduction under section 80HHC.

The High Court, in line with its previous decision in Commissioner of Income Tax vs. Arihant Tiles & Minerals (P) Ltd. & Ors., upheld the eligibility of the assessee-respondents for deduction under section 80HHC of the Income Tax Act for exporting cut and polished marble blocks. It also clarified that Circular No. 693 dated 17th Nov., 1994 did not affect the deduction claims of the assessee-respondents. As a result, the Court dismissed the Revenue's appeals and directed the Registry to include a copy of the order in each relevant file.