2009 (11) TMI 64 - HC - Income Tax

Export Incentives Deduction u/s 80HHC supporting manufacturer - In the assessment framed under Section 143 (3) of the Act, the Assessing Officer did not accept the contention of the assessee for computing deduction allowable to him under Section 80 HHC of the Act as per the provision of Section 80 HHC (1A) read with Section 80 HHC (3A) read with clause (baa) of explanation of Section 80 HHC of the Act, as the respondent is a supporting manufacturer, and allowed deduction of ₹ 1,40,49,120/- under Section 80 HHC of the Act, instead of ₹ 7,19,78,869/-, as claimed by the assessee held that - upheld the claim of the assessee under Section 80 HHC of the Act as a supporting manufacturer at par with the direct exporter deduction / exemption to be allowed decided in favor of assessee.

Summary

Issues:
1. Interpretation of Section 80 HHC of the Income Tax Act, 1961 regarding deduction for export incentives.
2. Whether a supporting manufacturer is entitled to the same deduction as a direct exporter under Section 80 HHC.
3. Application of the judgment in Commissioner of Income Tax v. Baby Marine Exports to the present case.

Analysis:
The High Court dealt with an appeal under Section 260-A of the Income Tax Act, 1961, concerning the deduction under Section 80 HHC for export incentives received by a partnership firm acting as a supporting manufacturer. The primary issue was whether the supporting manufacturer should be allowed the same deduction as a direct exporter under Section 80 HHC. The Assessing Officer initially disallowed a portion of the deduction claimed by the assessee, leading to an appeal to the Commissioner of Income Tax (Appeals), who ruled in favor of the assessee. The Income Tax Appellate Tribunal (ITAT) also upheld this decision. The appellant-revenue challenged this in the High Court, raising substantial questions of law regarding the interpretation of Section 80 HHC in such cases.

In a similar case previously, the High Court had dismissed an appeal by the revenue, relying on the Supreme Court judgment in Commissioner of Income Tax v. Baby Marine Exports, which established that supporting manufacturers are entitled to the same deduction under Section 80 HHC as direct exporters. The High Court in the present case noted that this precedent was applicable, and there was no dispute regarding this fact. Consequently, the High Court found no substantial question of law remaining for consideration in the current appeal and dismissed it accordingly.

Therefore, the judgment reaffirmed the principle that supporting manufacturers are to be treated at par with direct exporters for the purpose of claiming deductions under Section 80 HHC of the Income Tax Act, 1961. The decision was based on established legal precedents and the interpretation of relevant provisions of the Act.