2014 (8) TMI 74 - HC - Income Tax

Exclusion of amount from export turnover Deduction u/s 80HHC Held that - The assessee himself has accepted the order of the Tribunal dated 26.2.2009 holding that the benefit u/s 80HHC of the Income Tax Act will not accrue to the present transaction the petition is itself stands disposed Decided against Revenue.

Summary

Issues:
1. Interpretation of Section 80HHC of the Income Tax Act regarding the exclusion of amount received on export turnover.
2. Validity of the order of the Income Tax Appellate Tribunal remanding the case to the Assessing Officer for reconsideration.
3. Decision on the benefit under Section 80HHC of the Income Tax Act in relation to belated receipt of sale proceeds.

Analysis:
1. The primary issue in this case revolves around the interpretation of Section 80HHC of the Income Tax Act concerning the exclusion of the amount received on export turnover. The Income Tax Appellate Tribunal directed the Assessing Officer to reexamine whether the assessee was eligible for deduction under Section 80HHC for belated receipt of sale proceeds. This decision was challenged by the Revenue in the present appeal, questioning the Tribunal's directive not to exclude the amount received on export turnover if no deduction had been claimed in the earlier year. The crux of the matter was whether the assessee, to be eligible for deduction under Section 80HHC, needed to receive the sale proceeds in convertible foreign exchange within a specified period.

2. The validity of the Income Tax Appellate Tribunal's order remanding the case to the Assessing Officer for further consideration was also a crucial aspect of this case. The Tribunal's decision prompted the Assessing Authority to re-adjudicate the matter, resulting in conflicting outcomes. The Commissioner of Income-Tax (Appeals) subsequently allowed the appeal filed by the assessee, granting the benefit under Section 80HHC. However, the Revenue contested this decision and appealed to the Tribunal, which partially allowed the Revenue's appeal. Ultimately, the order of the Tribunal dated 26.2.2009 was accepted by the assessee, leading to the disposal of the present Tax Case (Appeal).

3. The final issue addressed in this judgment pertains to the decision on the benefit under Section 80HHC of the Income Tax Act concerning the belated receipt of sale proceeds. The Tribunal's order dated 26.2.2009, which partially favored the Revenue, was acknowledged and accepted by the assessee without further appeal. Consequently, the benefit under Section 80HHC was deemed not applicable to the transaction in question, as per the decision reached based on the specific circumstances and legal provisions. This acceptance by the assessee led to the conclusion of the Tax Case (Appeal) without any additional costs incurred.