2020 (12) TMI 25 - HC - Income Tax

Benefit of deduction u/s 10A - relief in respect of the recruitment fee was denied on the ground that such activity has no nexus with the activity of export of computer software - tribunal did not decide the grounds raised by the assessee and held that the same are academic - HELD THAT - From perusal of the grounds raised by the assessee before the Tribunal as well as the order passed by the Tribunal, it is evident that the grounds raised by the assessee has not been adjudicated by the Tribunal and the Tribunal has held the same to be academic. Tribunal ought to have adjudicated the grounds raised by the assessee on merits instead of holding the grounds to be academic and not deciding the same. The order passed by the Tribunal is hereby quashed and the matter is remitted to the Tribunal to adjudicate ground No.16 afresh in accordance with law.

Summary

Issues:

1. Whether the Tribunal's dismissal of ground No.16 of the appellant's appeal without considering written/oral submissions and other material facts is perverse and not in accordance with law.
2. Whether the Tribunal's dismissal of ground No.16 without following its earlier order for a different assessment year is contrary to settled legal principles and judicial propriety.

Analysis:

Issue 1:
The appellant, engaged in software development services, filed an appeal regarding the denial of deduction under Section 10A of the Income Tax Act for the Assessment Year 2005-06. The Assessing Officer had denied the benefit of deduction to certain units of the appellant, claiming they were not set up per the STPI scheme. Additionally, the officer stated that income from recruitment fees should be excluded from eligible profits. The Commissioner of Income Tax (Appeals) partially allowed relief, but denied the recruitment fee aspect. The appellant then approached the Income Tax Appellate Tribunal, which did not decide on the grounds raised, deeming them academic. The High Court found that the Tribunal should have adjudicated on the grounds raised by the appellant instead of treating them as academic and not deciding on them.

Issue 2:
The High Court quashed the Tribunal's order dated 03.03.2017 regarding ground No.16 raised by the appellant, remitting the matter back to the Tribunal for fresh adjudication in accordance with the law. The Court did not find it necessary to address the substantial questions of law framed in the appeal due to the above decision. Consequently, the appeal was disposed of based on the Tribunal's failure to properly address the grounds raised by the appellant.

This judgment emphasizes the importance of thorough adjudication of grounds raised by appellants in tax-related disputes, highlighting the need for Tribunals to consider all aspects of the case before making a decision. The Court's intervention in remitting the matter back to the Tribunal underscores the significance of proper legal procedures and adherence to established principles in tax law proceedings.