2008 (11) TMI 18 - HC - Income Tax

Tribunal in fist round of appeal was of the view that the assessee was fully justified in raising the claim u/s 10A, for the first time, before the CIT (A), who ought to have entertained it and decided on merits thereafter, CIT found that assessee s claim is justified - Tribunal in second round hold that the revenue, having accepted the order of the Tribunal in the first round, cannot raise those objections in the second round - no infirmity in Tribunal s order - No question of law arises

Summary

Issues:
Allowability of deduction under Section 10A of the Income Tax Act, 1961 without raising the claim before the Assessing Officer.

Analysis:
The appeal was against the Income Tax Appellate Tribunal's order regarding the allowability of deduction under Section 10A of the Income Tax Act, 1961 for the assessment year 2001-02. The respondent had not initially made a claim under Section 10A before the Assessing Officer but later claimed it before the Commissioner of Income-tax (Appeals). The Tribunal held that the submission of Form 56F, required for claiming deduction under Section 10A, was acceptable even though it was not filed along with the return. The Tribunal found that all conditions of Section 10A were satisfied, and the Commissioner of Income-tax (Appeals) should have entertained and decided on the merits of the deduction claimed by the assessee under Section 10A.

In the first round before the Tribunal, it was established that the revenue did not dispute the satisfaction of conditions under Section 10A. The Tribunal criticized the Commissioner of Income-tax (Appeals) for not admitting the claim of the assessee on technical grounds, despite all relevant material being available and examined by the Assessing Officer. Consequently, the Tribunal set aside the earlier order and remitted the matter back to the Commissioner of Income-tax (Appeals) for a proper decision on the deductions claimed under Section 10A.

In the subsequent round before the Tribunal, the Commissioner of Income-tax (Appeals) confirmed that the assessee was entitled to the deductions under Section 10A. The Tribunal noted that the revenue could not re-agitate the issue as it had already been decided in the first round. The Tribunal emphasized that all necessary material was on record, and the objections raised by the revenue were not valid after accepting the Tribunal's earlier decision. Therefore, the Tribunal upheld its previous decision and dismissed the appeal, stating that no question of law arose for consideration.

In conclusion, the High Court upheld the Tribunal's order, finding no error in its decision. The appeal was dismissed, and no legal question was identified for further consideration.