2009 (11) TMI 116 - HC - Income Tax

Company - Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the disallowance of deduction under section 80HHC in a case of MAT assessment is to be worked out on the basis of the adjusted book profits under section 115JB of the Income-tax Act, 1961, is valid? Held that deduction u/s 80HHC to be worked out on baiss of adjusted book profit u/s 115JB revenue s appeal dismissed

Summary

Issues:
1. Interpretation of the disallowance of deduction under section 80HHC in a case of MAT assessment based on adjusted book profits under section 115JB of the Income-tax Act, 1961.

Analysis:
The High Court considered the question of law raised by the Revenue regarding the validity of disallowance of deduction under section 80HHC in a case of MAT assessment to be calculated based on adjusted book profits under section 115JB of the Income-tax Act, 1961. The counsel for the Revenue argued that a previous decision by the court in CIT v. Rajanikant Schnelder and Associates P. Ltd. supported their position. However, the Bombay High Court had a different interpretation on the matter. The court noted that the decision in Rajanikant's case was rendered before the Bombay High Court judgment, and despite the reasoning provided by the Bombay High Court, the court was bound by its own previous decisions and the judgments of the Supreme Court in Surana Steel P. Ltd. v. Deputy CIT and Apollo Tyres Ltd. v. CIT. Therefore, the court upheld its previous decision in CIT v. Rajanikant Schnelder and Associates P. Ltd. and dismissed the tax case appeals filed by the Revenue.

The judgment emphasized the importance of following precedent and established legal principles in interpreting tax laws. The court highlighted that its previous decision in CIT v. Rajanikant Schnelder and Associates P. Ltd. was based on the rulings of the Supreme Court and had binding authority. The court rejected the argument for reconsideration based on a subsequent judgment by the Bombay High Court, stating that the timing of the judgments and the legal principles involved necessitated adherence to the earlier decision. By reaffirming its previous stance and citing relevant Supreme Court judgments, the High Court provided a clear and consistent interpretation of the law regarding the disallowance of deductions under section 80HHC in MAT assessments based on adjusted book profits under section 115JB of the Income-tax Act, 1961.