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2009 (4) TMI 87 - HC - Income TaxWhether ITAT was right in cancelling the order CIT u/s 263 on the ground that deduction u/s 80HHC was allowable on the basis of book profits and not on the basis of eligible profits u/s 80HHC as per computation under the normal provisions of the Income Tax Act, while computing the books profits u/s 115JB - Assessing Officer is not entitled to touch the profit and loss account prepared by the assessee as per the provisions contained in the Companies Act, while arriving at the book profit under Section 115J and the book profit so arrived at should be the basis for taxation and therefore, the computation under Section 80HHC should be limited to the case of profits of eligible category only - question of law is answered against the revenue and the appeals are dismissed
Issues:
Appeal against order of Income Tax Appellate Tribunal for assessment years 2001-02 and 2002-03 under Section 115JB, validity of deduction under Section 80HHC, jurisdiction under Section 263, interpretation of book profit for taxation, applicability of Sections 115J and 115JA, reliance on judicial precedents. Analysis: 1. Validity of Deduction under Section 80HHC: The case involved an appeal by the revenue against the Income Tax Appellate Tribunal's order regarding deductions under Section 80HHC for assessment years 2001-02 and 2002-03. The Commissioner of Income Tax found that no deduction under Section 80HHC was allowable when the taxable income was nil after setting off depreciation. The Tribunal allowed the appeals in favor of the assessee based on the decision of the Special Bench of Mumbai Tribunal and the Supreme Court in the case of MALABAR INDUSTRIES CO. LTD VS. COMMISSIONER OF INCOME TAX. The issue revolved around whether the deduction under Section 80HHC should be based on book profits or eligible profits under Section 80HHC while computing book profits under Section 115JB. 2. Jurisdiction under Section 263: The Commissioner of Income Tax issued a notice under Section 263 to withdraw the deduction under Section 80HHC, contending that the assessing officer had not applied his mind to the issue. The assessee argued that when two views are possible, the Commissioner could not invoke jurisdiction under Section 263. However, the Commissioner set aside the assessments for both years, directing a reassessment without the wrongly allowed deduction. The Tribunal upheld the assessee's position, leading to the revenue's appeal. 3. Interpretation of Book Profit for Taxation: The High Court relied on a previous decision involving similar issues to determine that deductions under Section 80HHC should be based on the profit ascertained under Section 115JA and not on income computed under other sections of the Income Tax Act. The Court emphasized that the Assessing Officer's power is limited to examining whether the company's accounts are properly maintained under the Companies Act, and the book profit arrived at should be the basis for taxation. The Tribunal's decision was supported by the non obstante clause in Section 115JA, making it a self-contained provision. 4. Applicability of Sections 115J and 115JA: The Court analyzed the provisions of Sections 115J and 115JA, concluding that the Assessing Officer cannot alter the profit and loss account prepared by the assessee as per the Companies Act while determining book profit under Section 115J. The Tribunal's decision to limit computation under Section 80HHC to profits of the eligible category was deemed correct, considering the specific provisions and the Supreme Court's guidance. In conclusion, the High Court dismissed the appeals, answering the question of law against the revenue based on the interpretation of relevant provisions, judicial precedents, and the specific circumstances of the case.
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