1993 (12) TMI 94 - AT - Income Tax

Summary

Issues:
1. Taxability of cash assistance received by the assessee as capital receipts.
2. Eligibility of the assessee for deduction under section 80HHC of the IT Act, 1961.
3. Treatment of investment subsidy received by the assessee for computation of depreciation.

Analysis:

Issue 1: Taxability of Cash Assistance
The assessee, engaged in the export business, received cash assistance from the Dy. Controller of Imports and Exports, claiming it as capital receipts not liable to tax. However, both the Assessing Officer and the CIT(A) denied this claim. The tribunal noted the insertion of cl. (iiib) to s. 28, stating there was no merit in the assessee's appeals. Consequently, the tribunal upheld the decision against the assessee.

Issue 2: Eligibility for Deduction under Section 80HHC
The Revenue contested the deduction allowed under section 80HHC for the assessee's exports routed through export houses. The Assessing Officer had denied the deduction, relying on a communication from the Reserve Bank of India. However, the CIT(A) held that the real exporter was the assessee, allowing the deduction. The tribunal, after reviewing evidence presented by the assessee's Chartered Accountant, confirmed that the assessee was the true exporter, receiving foreign exchange directly. The tribunal upheld the CIT(A)'s decision, emphasizing that the conditions for deduction under section 80HHC were met.

Issue 3: Treatment of Investment Subsidy
The second issue pertained to whether the investment subsidy received by the assessee should reduce the cost of assets for depreciation computation. Citing relevant decisions of the jurisdictional High Court, the tribunal ruled against the Revenue, stating that the subsidy should indeed reduce the cost of assets. Consequently, the tribunal dismissed both the assessee's and the Revenue's appeals.

In conclusion, the tribunal's consolidated order dismissed the appeals, affirming the denial of taxability of cash assistance to the assessee, upholding the eligibility of the assessee for deduction under section 80HHC, and deciding that the investment subsidy should reduce the cost of assets for depreciation computation.