2014 (12) TMI 302 - HC - Income Tax

Accrual of income - Income from advance license benefit - Whether the Tribunal is right in concluding that the notional income from advance licence benefit receivable has accrued as taxable income Held that - Assessee contended that the income which was sought to be included without exercising the option of importing the goods by the department Following the decision in The same issue has come up for consideration before the Full Bench of the Supreme Court in the case of Commissioner of Income-tax v. Excel Industries Ltd. 2013 (10) TMI 324 - SUPREME COURT income does not accrue in the year of export but in the year in which the imports are made Decided in favour of assessee.

Summary

Issues:
Challenge to judgment and order passed by Income-tax Appellate Tribunal for assessment year 1996-97. Substantial question of law regarding alleged notional income from advance license benefit as taxable income.

Analysis:
The appellant-assessee challenged the judgment and order passed by the Income-tax Appellate Tribunal for the assessment year 1996-97. The High Court framed a substantial question of law regarding the alleged notional income from advance license benefit as taxable income. The appellant had filed a return of income declaring a total loss, which was processed under the Income Tax Act. The assessment proceedings involved a claim for depreciation on a Wind Mill, leading to discussions with the counsel and ultimately the passing of the assessment order. The appellant appealed before the CIT(A), which was partly allowed, leading to a further appeal before the Appellate Tribunal, resulting in dismissal and the current Tax Appeal by the appellant.

The learned advocates for both parties presented their arguments, with the advocate for the appellant contending that the income sought to be included should not be taxed without exercising the option of importing goods by the department. Reference was made to a Full Bench decision of the Supreme Court in Commissioner of Income-tax v. Excel Industries Ltd., which was deemed applicable to the present case. The advocate argued that based on this precedent, the appeal should be allowed in favor of the assessee. The High Court agreed with the appellant's contentions and without further elaboration, allowed the appeal in favor of the assessee and against the department.

In conclusion, the High Court allowed the appeal of the appellant-assessee, setting aside the decision of the Income-tax Appellate Tribunal regarding the taxation of alleged notional income from advance license benefit. The Court's decision was based on the interpretation of relevant legal provisions and the application of a precedent set by the Supreme Court in a similar case.