2008 (6) TMI 231 - AT - Income Tax

Summary

Issues involved: The judgment involves the interpretation of deductions under sections 80HHC and 80-IB of the Income Tax Act.

Details of the judgment:

1. The appellant, engaged in the manufacture and export of cycle parts, was eligible for deductions under both sections 80HHC and 80-IB. The Assessing Officer (AO) allowed a deduction under section 80HHC but reduced it while allowing a deduction under section 80-IB from the business profit.

2. The CIT(A) held that deductions under sections 80HHC and 80-IB are independent of each other, subject to an upper limit, and should be allowed from gross income, not net income after various deductions.

3. The Departmental Representative relied on a decision of the Special Bench of the Tribunal in a different case. However, the appellant's counsel argued that a decision of the Hon'ble Madras High Court took precedence over the Tribunal's decision, favoring the appellant's claim.

4. The Hon'ble Madras High Court, in a separate judgment, held that the relief under section 80-IA should be deducted from profits before computing relief under section 80HHC. Citing previous decisions, the High Court ruled in favor of the assessee, emphasizing that the deductions under both sections can be claimed on the gross total income.

5. Following the High Court's decision, the claim of the assessee was deemed allowable, and the order of the CIT(A) was upheld. Consequently, the appeal by the Revenue was dismissed.