2017 (12) TMI 1062 - HC - Income Tax

Eligible deduction u/s 80IA - Held that - There is no dispute to the fact that the issue has been decided in favour of the assessee by this Court as per the decision reported in (2002 (4) TMI 35 - KERALA High Court). The provision dealt with in the said case was under Section 80-I ; whereas in the present appeal, it is Section 80-IA , which undisputedly is the successor provision of 80-I. There is no difference, but for the different points of time and the question of law remains to be same in both the circumstances. It is brought to the notice of this Court that the challenge raised by the Revenue against the said verdict came to be repelled, pursuant to the dismissal of SLP. This being the position, the law declared by this Court has become final; which obviously stands in favour of the assessee.

Summary

Issues:
1. Dispute over eligible deduction under Section 80 IA of the Act.

Analysis:
The appeals were filed by the Revenue challenging the orders passed by the Tribunal regarding the computation of eligible deduction under Section 80 IA of the Act for the years 1997-98 and 1998-99. The main issue revolved around the calculation of advertisement income in proportion to the circulation figures certified by the Audit Bureau of Circulation (ABC) and the interference with the disallowance made by the Assessing Officer. The assessee claimed additional weightage to the advertisement income, which was accepted by the assessing authority but later reduced, leading to an appeal before the Commissioner of appeals. The Commissioner, following a previous Tribunal verdict, dismissed the appeal, prompting the assessee to approach the Tribunal. The Tribunal, considering previous favorable decisions for the assessee, upheld the deduction claimed. The Revenue challenged this decision, citing a pending Special Leave Petition (SLP) before the Apex Court. However, the High Court noted that a previous decision in favor of the assessee had become final, and no substantial question of law remained to be answered in the current appeals.

In conclusion, the High Court found that the law declared in a previous case had already been settled in favor of the assessee. The Court emphasized that the issue had been previously decided in favor of the assessee by the High Court, and the same principles applied to the current case under Section 80 IA, which is the successor provision of Section 80-I. The Court highlighted that the challenge raised by the Revenue against the previous verdict had been dismissed, making the law declared in the earlier case final and favorable to the assessee. Therefore, the High Court held that there were no substantial questions of law remaining to be addressed in the appeals filed by the Revenue, and consequently, the appeals were deemed to be without merit and dismissed accordingly.