2010 (7) TMI 122 - HC - Income Tax

Deduction u/s 80HHC Business Profit Deduction allowed u/s 80IB to be taking into account for the purpose of deduction 80HHC or not? Held that - the question of deduction of the amount allowed under Section 80 IB of the Act for the propose of computing deduction under Section 80 HHC of the Act does not arise at all. It goes without saying that deduction computed under Section 80 HHC of the Act has to be without any other deduction and, therefore, the effect of computation as per the order passed by the Tribunal, (without commenting upon as to whether the legal issue decided by the High Court was right or wrong) is correct and deduction has to be allowed taking into account the gross total income.

Summary

Issues:
Interpretation of Section 80 HHC and Section 80 IB of the Income Tax Act for computing business profits.

Analysis:
The appeal before the Delhi High Court involved a question of law regarding the interpretation of the Income Tax Act, specifically Sections 80 HHC and 80 IB. The issue arose when the Assessing Officer reduced the amount allowed as deduction under Section 80 IB while computing the deduction under Section 80 HHC for the assessee. The Tribunal held that the provisions under Section 80 IB and Section 80 HHC are independent, and the deduction under Section 80 IB should not be considered while computing the deduction under Section 80 HHC. The Tribunal's decision was based on the understanding that the deductions under these sections are separate and distinct. However, subsequent events rendered the initial question redundant as the Supreme Court, in a separate case, set aside a judgment in favor of the assessee regarding the entitlement to deduction under Section 80 IB. The Supreme Court's decision clarified that no deduction is allowed to the assessee under Section 80 IB. Consequently, the issue of deducting the amount allowed under Section 80 IB for computing the deduction under Section 80 HHC no longer remained relevant. The respondent's counsel confirmed that no deduction is allowed under Section 80 IB, and therefore, the deduction under Section 80 HHC should be computed without considering any other deductions. The High Court, without commenting on the correctness of the legal issue decided earlier, upheld the Tribunal's order, emphasizing that the deduction under Section 80 HHC must be allowed based on the gross total income without any other deductions. As a result, the appeal was disposed of accordingly by the court.

This judgment highlights the importance of understanding the independent nature of deductions under different sections of the Income Tax Act and the necessity to compute deductions accurately based on the specific provisions of each section. The court's decision underscores the principle that deductions should be allowed based on the statutory framework and the gross total income without considering deductions that are not permissible under the law.