2014 (11) TMI 886 - HC - Income Tax

Relief u/s 80HH and 80I - Whether the Tribunal is right in directing to allow separate relief under sec. 80HH and 80I Held that - As decided in DY. CIT Versus Versus MOTI POLYMERS PVT. LTD. 2011 (6) TMI 725 - GUJARAT HIGH COURT the Tribunal had rightly placed reliance on JP. Tobacco Products (Pvt.) Limited Versus Commissioner Of Income-Tax 1996 (8) TMI 29 - MADHYA PRADESH High Court - The Appellate Tribunal is right in law in directing to allow separate relief u/s 80HHA and 80I Decided against revenue.

Summary

Issues:
- Appeal against judgment and order dated 02.08.1999 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No.2800/AHD/1993.
- Restoration of appeal after more than ten years.
- Challenge to the order directing separate relief under sec. 80HH and 80I of the Income Tax Act, 1961.

Analysis:
1. The Tax Appeal was filed against the judgment and order dated 02.08.1999 by the Income Tax Appellate Tribunal. Despite being filed in 1999, the appeal was not moved for over ten years. Subsequently, a restoration application was filed, leading to the appeal being restored on file. Another related appeal, Tax Appeal No.588/1999, arising from the same Tribunal judgment, was decided earlier by the Court. The substantial question of law in this appeal was whether the Tribunal was correct in directing separate relief under sec. 80HH and 80I of the Act.

2. The respondent's counsel relied on the Supreme Court decision in a similar case to argue in favor of the assessee. The Court noted that various High Courts had consistently allowed deductions under both sections 80HH and 80I on the gross total income. The Court also referred to its own decision in a previous case supporting the assessee's position. The appellant's counsel did not contest this legal position, leading to the Court dismissing the appeal in favor of the assessee.

3. The Court emphasized that the Tribunal's decision aligns with the precedents set by the Madhya Pradesh High Court and the Gujarat High Court. Since the Supreme Court did not disturb the Madhya Pradesh High Court's decision, the Court upheld the Tribunal's view. The judgment in Tax Appeal No.588/1999, which addressed a similar issue, was relied upon to dismiss the present appeal. The Court concluded that the Tribunal was correct in directing separate relief under sections 80HHA and 80I of the Income Tax Act, 1961.

4. Given the similarity of the issues in this appeal to those previously decided, the Court applied the judgment from Tax Appeal No.588/1999 to dismiss the current appeal. The decision was based on the alignment of the Tribunal's view with established legal precedents and the lack of contestation on the legal position by the appellant's counsel.

5. In summary, the Court dismissed the Tax Appeal based on the precedent set by a previous judgment, which upheld the Tribunal's decision to allow separate relief under sections 80HH and 80I of the Income Tax Act, 1961. The legal position established by various High Courts and the Supreme Court favored the assessee, leading to the dismissal of the appeal in their favor.