2015 (2) TMI 904 - HC - Income Tax

Excise duty refund received - taxability u/s 41(1) - ITAT deleted the addition - Held that - In view of the decision in the case of Polyflex (India) Pvt. Ltd. v. CIT reported in 2002 (9) TMI 4 - SUPREME Court wherein, the hon'ble Supreme Court has held that the refund of excise duty has to be treated as deemed profit. In that view of the matter, the above decision of the hon'ble Supreme Court, the judgment which is sought to be relied upon by the Tribunal in the case of CIT v. Bharat Iron and Steel Industries reported in 1992 (1) TMI 40 - GUJARAT High Court is reversed. - Decided in favour of revenue.

Summary

Issues:
Challenge to order by Revenue on excise duty refund addition under section 41(1) of Income-tax Act for assessment year 1989-90.

Analysis:
The appellant-Revenue challenged the order of the Income-tax Appellate Tribunal regarding the addition of excise duty refund received by the assessee under section 41(1) of the Income-tax Act. The court framed the substantial question of law regarding the deletion of the addition of Rs. 65,42,000. The case involved the filing of original and revised returns by the assessee, with the revised return excluding provisions for gratuity after necessary approval. Despite multiple requests for specific details, the assessee did not provide the required information, leading to the assessment order. The Commissioner of Income-tax (Appeals) partly allowed the appeal, which was further partly allowed by the Tribunal.

The senior advocate for the respondent cited the decision in Polyflex (India) Pvt. Ltd. v. CIT, where the Supreme Court held that excise duty refund should be treated as deemed profit. Relying on this decision, it was argued that the Tribunal's reliance on a previous judgment was incorrect, leading to the matter needing remand back to the Tribunal. The court held in favor of the Department, stating that the matter should be remanded back to the Tribunal to address other unanswered questions. The appeal was allowed to this extent, indicating a reversal of the Tribunal's decision on the excise duty refund addition.

In conclusion, the High Court's judgment addressed the challenge by the Revenue regarding the excise duty refund addition under section 41(1) of the Income-tax Act for the assessment year 1989-90. The court considered the arguments presented, including the interpretation of relevant legal precedents, and decided in favor of the Revenue, remanding the matter back to the Tribunal for further consideration of unanswered questions.