2021 (12) TMI 823 - HC - Income Tax

Deduction under Section 80HHC - eligibility of profits and deductibility of profits arising under Section 115JB - HELD THAT - Referring to reported judgments in Ajanta Pharma Ltd. v. Commissioner of Income-Tax 2010 (9) TMI 8 - SUPREME COURT , order of the Supreme Court in Kerala Chemicals and Proteins Ltd v. Commissioner of Income Tax 2012 (9) TMI 1214 - SUPREME COURT and Commissioner of Income-Tax v. Bhari Information Tech. System (P) Ltd. 2011 (10) TMI 19 - SUPREME COURT the issue is concluded by these judgments in favour of assessee

Summary

Issues:
- Disallowance under Section 80HHC of the Income Tax Act
- Interference with disallowance on account of 80HHC deduction
- Computation of book profits under Section 115JB for 80HHC benefit
- Interpretation of judgments by the Supreme Court
- Retrospective operation of section 234D

Analysis:
1. Disallowance under Section 80HHC of the Income Tax Act:
The case involved an appeal by the Revenue against the order of the Income Tax Appellate Tribunal disallowing the claim of the assessee under Section 80HHC of the Income Tax Act. The Tribunal dismissed the Revenue's appeal, leading to the current Tax Appeal. The substantial questions of law raised by the Revenue questioned the Tribunal's decision on the disallowance under Section 80HHC. The issue revolved around the computation of disallowance and the justification for the same.

2. Interference with disallowance on account of 80HHC deduction:
Another significant issue in the judgment was the Tribunal's interference with the disallowance on account of 80HHC deduction. The Tribunal's decision was based on a specific case law, and the Revenue raised concerns regarding the correctness of the interference. The question of whether the Tribunal was justified in interfering with the disallowance formed a crucial aspect of the case.

3. Computation of book profits under Section 115JB for 80HHC benefit:
The judgment also addressed the computation of book profits under Section 115JB to determine the eligibility of deduction under Section 80HHC. The issue questioned whether the computation of book profits under Section 115JB aligned with the legislative intent concerning the eligibility of the assessee for claiming deductions under Section 80HHC. The interpretation of these provisions was essential in determining the tax implications for the assessee.

4. Interpretation of judgments by the Supreme Court:
The legal analysis in the judgment extensively referred to various judgments by the Supreme Court, such as Ajanta Pharma Ltd. and Bhari Information Tech. Sys. P. Ltd. The interpretation of these judgments played a crucial role in determining the outcome of the case. The reliance on precedent and established legal principles highlighted the significance of judicial decisions in tax matters.

5. Retrospective operation of section 234D:
The judgment also delved into the retrospective operation of section 234D and its impact on the case at hand. The Tribunal's decision regarding the retrospective application of section 234D and its implications for the assessee were key considerations. The interpretation of this provision and its alignment with the facts of the case were pivotal in resolving the dispute.

In conclusion, the judgment by the Kerala High Court addressed multiple complex issues related to tax laws, computation of profits, and the eligibility of deductions under the Income Tax Act. The detailed analysis of legal provisions, precedents set by the Supreme Court, and the specific circumstances of the case provided a comprehensive framework for adjudicating the matter in favor of the assessee.