2008 (6) TMI 178 - HC - Income Tax

Profits derived by the assessee from the export of goods claim for deduction u/s 80HHC tribunal was right in reducing the said profits by the amount of carried forward depreciation and investment allowance, before allowing deduction u/s 80HHC appeal of assessee is dismissed

Summary

Issues:
- Interpretation of section 80HHC relief in respect of profits derived from export of goods without reducing profits by carried forward depreciation and investment allowance.

Analysis:
1. The appellant claimed deduction under section 80HHC of the Income-tax Act, 1961 for the assessment year 1991-92. The Assessing Officer restricted the claim, stating that the profits derived from export of goods should be reduced by the amount of unabsorbed depreciation carried forward and investment allowance.

2. The Commissioner (Appeals) and the Tribunal upheld the decision, citing the need to compute gross total income in accordance with the Act before allowing any deduction under Chapter VI-A. The Tribunal referred to the apex court's decision in CIT v. Kotagiri Industrial Co-operative Tea Factory Ltd. [1997] 224 ITR 604 to support their stance.

3. The appellant's advocate referred to the apex court judgments in Synco Industries Ltd. v. Assessing Officer (Income-tax) [2008] 299 ITR 444 and CIT v. Shirke Construction Equipment Ltd. [2007] 291 ITR 380. These cases clarified that deductions under sections 80HH and 80-I cannot be granted if the resultant figure, after setting off business losses, is nil. Additionally, the applicability of section 80AB to section 80HHC was discussed, emphasizing that income computation must adhere to the Act's provisions.

4. The Tribunal's decision to reduce profits by the carried forward depreciation and investment allowance before allowing deduction under section 80HHC was deemed correct in light of the apex court's interpretation. The judgment was delivered in favor of the Revenue and against the assessee, leading to the dismissal of the appeal.