2013 (7) TMI 86 - HC - Income Tax

Deduction u/s 80HHC - export of marble blocks - Tribunal deleting the addition on account of disallowance of deduction - Held that - Finding of the learned Tribunal is in favour of assessee-respondents and it has been categorically held that the assessee-respondents are eligible for deduction under s.80HHC of the Act for export of marble blocks, which were cut and polished - appellant-Revenue has also not controverted that the findings arrived at by the learned Tribunal on facts are not correct or are perverse - Following the decision of Commissioner of Income Tax vs. Arihant Tiles & Minerals (P) Ltd. & Ors. 2013 (6) TMI 45 - RAJASTHAN HIGH COURT and Sudarshan Silks & Sarees Versus Commissioner of Income Tax, Karnataka 2008 (4) TMI 5 - Supreme Court - Decided against revenue.

Summary

Issues:
1. Substantial question of law regarding disallowance of deduction under Section 80HHC on export of marble blocks.
2. Legal effect of Circular No. 693 dated 17.11.1994 on the deduction under Section 80HHC.

Issue 1:
The High Court admitted the appeal based on the substantial question of law concerning the disallowance of deduction under Section 80HHC on export of marble blocks. The appellant questioned the Tribunal's decision to uphold the CIT(A)'s order deleting the addition, arguing that there was no substantial value addition as per Circular No. 693 dated 17.11.1994. However, the counsel for the appellant acknowledged that a similar appeal had been dismissed previously by the Court, and the present case was identical to the earlier judgment. The Court referred to a previous case involving Arihant Tiles & Minerals, where it was held that the assessee was eligible for the deduction under Section 80HHC for exporting cut and polished marble blocks. The Court upheld the Tribunal's decision, stating that the findings of facts by the Tribunal were correct and not disputed by the Revenue. Consequently, the Court dismissed the appeal in favor of the assessee.

Issue 2:
Regarding the legal effect of Circular No. 693 dated 17.11.1994, the Court held that the circular did not adversely affect the claims of the assessee for deduction under Section 80HHC. The Court emphasized that the assessee was entitled to the benefit of the deduction despite the existence of the circular. Citing the case Commissioner of Income Tax vs. Arihant Tiles & Minerals, the Court dismissed the Revenue's appeals, affirming that the circular did not impact the assessee's eligibility for the deduction. The Court answered the substantial question of law against the Revenue and in favor of the assessee, ultimately dismissing the appeal and directing each party to bear their own costs.

This detailed analysis of the judgment provides insights into the Court's reasoning and conclusions on the issues raised, emphasizing the legal interpretation and application of relevant provisions and precedents in reaching the final decision.