2007 (7) TMI 287 - HC - Income Tax

Claim for deduction at the rate of 5 % of incremental turnover u/s 80HHC - AO disallowed claim on ground that in the immediately preceding year the assessee-company was only a partner in the firm and had not exported any goods out of India and therefore there was no incremental turnover in the year under consideration - Tribunal was not right in law in reversing the order of AO by holding that the assessee was an exporter for claiming deduction u/s 80HHC(1)(b) at 5 per cent. of incremental turnover

Summary

Issues:
Interpretation of section 80HHC of the Income-tax Act, 1961 for deduction on incremental turnover in the assessment year 1983-84.

Analysis:
1. The case involved a question of law referred by the Income-tax Appellate Tribunal to the High Court regarding the deduction under section 80HHC(1)(b) of the Income-tax Act, 1961 for the assessment year 1983-84. The issue was whether the assessee, an exporter, was entitled to claim a deduction of Rs. 2,80,955 at 5% of the incremental turnover of Rs. 56,19,099 under the said provision.

2. The assessee claimed the deduction based on the export turnover difference between the current year and the previous year. The Assessing Officer disallowed the claim stating that the assessee, who was a partner in a firm in the preceding year, did not export any goods, thus, no incremental turnover existed. The Commissioner of Income-tax (Appeals) upheld the decision, but the Tribunal allowed the deduction relying on a Supreme Court judgment.

3. The Revenue contended that the assessee started exporting goods directly in the current year, thus not meeting the conditions for claiming the deduction under section 80HHC(1)(b). The Tribunal's reliance on a previous Supreme Court case was challenged by the Revenue.

4. In the absence of representation from the assessee, the High Court considered the arguments presented by the Revenue.

5. The Court found merit in the Revenue's submissions and proceeded to analyze the relevant provisions of section 80HHC of the Act.

6. Section 80HHC allows deductions based on export turnover and incremental turnover of qualifying goods or merchandise. The provision specifies conditions for claiming deductions, including the requirement of exporting goods in the immediately preceding year to qualify for the 5% deduction on incremental turnover.

7. The Court clarified that if an assessee newly enters the export business in a particular year, they are entitled to a 1% concession for that year but not an additional 5% on incremental turnover unless goods were exported in the immediately preceding year.

8. In the present case, the assessee, a private limited company, started exporting goods directly in the current year, not having exported goods in the immediately preceding year. Sub-section (3) of section 80HHC denies the benefit of incremental turnover in such cases.

9. The Court distinguished the facts of the present case from the issue considered by the Supreme Court in a previous case, emphasizing that the question in the current matter was not the same as in the cited case.

10. Consequently, the High Court held that the Tribunal erred in allowing the additional deduction on incremental turnover to the assessee. The question was answered in the negative, favoring the Revenue and against the assessee.