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2008 (1) TMI 544 - HC - Income TaxWhether the Tribunal was correct in holding that the assessee was entitled to claim deduction under section 80HHC of the Act in respect of export of raw granite for the assessment year 1993-94 - we are convinced that there is no definite finding of the authorities in regard to the nature of granite blocks exported by the assessee. In the circumstances, we have to allow the appeal without answering the question of law framed in this appeal, to the Assessing Officer to give his finding regarding the nature of granite blocks exported by the assessee and consider the case of the assessee for the benefit under section 80HHC of the Income-tax Act.
Issues:
Challenge to order passed by Income-tax Appellate Tribunal regarding deduction under section 80HHC for export of raw granite. Analysis: The High Court heard the appeal filed by the Revenue challenging the order of the Income-tax Appellate Tribunal. The Tribunal had allowed the assessee's appeal based on a previous judgment of the court. The Revenue argued that the Assessing Officer needed to determine whether the exported granite was raw or polished to apply the principles from a specific Board's Circular. The court agreed with the Revenue's contention and decided to remand the matter to the Assessing Officer for a finding on the nature of the granite exported. This finding was crucial for extending the benefit to the assessee under section 80HHC of the Income-tax Act. The court noted that there was no clear finding by the authorities regarding the nature of the granite blocks exported by the assessee. Due to this lack of determination, the court decided to allow the appeal without directly answering the legal question raised. The court directed the Assessing Officer to provide a definitive finding on whether the exported granite was raw or polished. This determination was necessary for considering the assessee's eligibility for benefits under section 80HHC of the Income-tax Act. In conclusion, the High Court allowed the appeal by setting aside all previous orders. The court emphasized the importance of the Assessing Officer's finding on the nature of the exported granite for the proper application of section 80HHC benefits. The case was remanded for further assessment based on this crucial determination.
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