2013 (8) TMI 46 - HC - Income Tax

Deduction u/s 80M - CIT allowed partial deduction u/s 154 - Tribunal allowed full deduction to assessee - Held that - Assessee has received dividend income from United Trust of India and made a claim - It was for the AO either to reject the entire claim or allowed the claim, but it was allowed partly. In the rectification application, the assessee has asked to restrict deduction as per law - When the claim is allowable then why it should not be allowed as per law. Genuineness of the claim is not doubtful. Therefore, the restricted claim under Section 80M of the Act is allowable - Decided against Revenue.

Summary

Issues Involved:
Appeal under Section 260 A of the Income Tax Act against the judgment and order of the Income Tax Appellate Tribunal for the assessment year 1990-91. Substantial questions of law regarding deduction under sec. 80M on dividend income and the maximum limit of deduction under Section 80A(2) of the I.T. Act, 1961.

Analysis:
The appellant department filed an appeal under Section 260 A of the Income Tax Act against the Income Tax Appellate Tribunal's order regarding the deduction under Section 80M on dividend income for the assessment year 1990-91. The Tribunal had allowed the claim of the assessee for deduction under Section 80M, which was not originally claimed in the return of income but was claimed subsequently through an application under Section 154. The appellant contended that the claim under Section 154 was not valid as the original return did not include the full claim amount of Rs.62,10,000. The appellant argued that the assessing officer had rightly restricted the deduction under Section 80M to Rs.8,39,174, which was claimed in the original return. The appellant relied on various case laws to support their argument that the claim cannot be allowed under Section 154 of the Act.

On the other hand, the respondent justified the Tribunal's order by referring to the duty of the department to assist taxpayers in claiming reliefs and refunds. They argued that the claim under Section 80M should be allowed as the assessing officer had already allowed a portion of the claim. The respondent cited relevant case laws to support their contention that genuine claims should be allowed, and taxpayers should be guided by the department in claiming reliefs.

The High Court analyzed the case and found that the claim under Section 80M was allowable as the assessing officer had partially allowed the claim in the order under Section 154. The court noted that the genuineness of the claim was not in doubt, and the claim did not exceed the gross income. Therefore, the court held that the restricted claim under Section 80M should be allowed as per law. The court emphasized that when a claim is allowable, it should be allowed as per law, and there was no reason to interfere with the Tribunal's order. The court ruled in favor of the assessee and dismissed the appeal filed by the department.

In conclusion, the High Court upheld the Tribunal's order, stating that the claim under Section 80M was allowable, and the appellant department's appeal was dismissed.