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2018 (7) TMI 1407 - HC - Income TaxComputation of deduction under Section 80-HHC - Held that - The Tribunal relied upon a decision of this Court in the case of Associated Capsules P. Limited vs. DCIT 2011 (1) TMI 787 - BOMBAY HIGH COURT . It is not in dispute that as of today the decision of this Court in the case of Associated Capsules P. Ltd. (supra) has become final in view of the fact that the Higher Court has not set aside the said decision - as the decision of this Court in the case of Associated Capsules P. Ltd. (supra) is not stayed by the Apex Court the same continues to bind this Court - no substantial question of law
Issues:
1. Exception to the order passed by the Income Tax Appellate Tribunal regarding computation of deduction under Section 80-HHC of the Income Tax Act, 1961. 2. Reference to a decision in the case of Associated Capsules P. Limited vs. DCIT. 3. Referral of the issue to a larger bench of the Apex Court in the case of Assistant Commissioner of Income Tax, Bangalore vs. Micro Labs Ltd. 4. Decision in the case of Commissioner of Income Tax vs. M/s.KSB Pumps Ltd. 5. Dismissal of Income Tax Appeal No.653 of 2015. 6. Separation and future admission of Income Tax Appeal No.221 of 2016. Analysis: 1. The High Court heard the appeal by the Revenue against the order of the Income Tax Appellate Tribunal related to the computation of deduction under Section 80-HHC of the Income Tax Act, 1961. The Tribunal's decision was based on the precedent set by the High Court in the case of Associated Capsules P. Limited vs. DCIT, which has attained finality as the Higher Court did not set it aside. 2. The appellant referred to the case of Assistant Commissioner of Income Tax, Bangalore vs. Micro Labs Ltd., where a similar issue was sent to a larger bench of the Apex Court for consideration. However, the High Court noted that the decision in the case of Associated Capsules P. Limited continues to bind the Court as it has not been stayed by the Apex Court. 3. The High Court also mentioned a decision in the case of Commissioner of Income Tax vs. M/s.KSB Pumps Ltd., where it was held that the decision in the case of Associated Capsules P. Limited remains binding on the Court. The Court respectfully agreed with the view taken by the Division Bench in this regard. 4. Consequently, the High Court found no substantial question of law arising from Income Tax Appeal No.653 of 2015 and dismissed the appeal accordingly. The Court determined that there was no merit in the appeal based on the existing legal precedents and decisions. 5. Furthermore, Income Tax Appeal No.221 of 2016 was separated for future admission and was scheduled to be placed for admission on a specific date under the category of "fresh admission." This decision indicates a procedural step taken by the Court regarding the handling of the separate appeal. This detailed analysis provides a comprehensive understanding of the issues raised in the judgment and the Court's reasoning behind the decisions made in each aspect of the case.
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