9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 779 - SC - Income TaxEntitlement to the benefit of Section 80IA - the profit derived form realization of TV/Films rights given on lease - Held that - As ITAT on the basis of the rule of consistency and has remitted the case to the AO for Assessment Year 1999-2000 as no material was brought on record indicating the process undertaken or the activity undertaken by the assessee which would constitute manufacture or processing of goods under the Explanation to Section 33B the assessee has succeeded before the Assessing Officer on the matter being remitted back to the Assessing Officer for the Assessment Year 1999-2000 in respect of other assessment years also and it has been held that the activity undertaken by the assessee constituted manufacture under the Explanation to Section 33B - in favour of assessee. This case is remitted to the High Court to consider whether the Revenue has accepted the order of the Assessing Officer/CIT(A) for the Assessment Year 1999-2000 in favour of the assessee
Issues: Delay in filing appeal under Section 260A of the Income Tax Act, 1961; Claim of deduction under Section 80HHC of the Income Tax Act, 1961; Additional ground of benefit under Section 80IA of the Act raised before the ITAT; Acceptance of order by the Revenue for Assessment Year 1999-2000; Applicability of Section 80IA of the Act in the present case; Adequacy of material placed on record by the assessee.
Delay in filing appeal under Section 260A of the Income Tax Act, 1961: The civil appeals were filed by the Revenue against the decision of the Bombay High Court dismissing the Revenue's appeal due to a delay of 761 days in filing the appeal under Section 260A of the Income Tax Act, 1961. The Supreme Court granted leave and heard arguments from both sides before proceeding with the judgment. Claim of deduction under Section 80HHC of the Income Tax Act, 1961: The assessee claimed a deduction under Section 80HHC of the Income Tax Act, 1961 for leasing its telecasting rights to overseas customers. The Assessing Officer disallowed the claim, stating that the profit derived was not from the export of goods or merchandise. The assessee appealed to the CIT(A) and then to the ITAT, where an additional ground was taken regarding the benefit under Section 80IA of the Act, claiming film production as a manufacturing activity. Additional ground of benefit under Section 80IA of the Act raised before the ITAT: The assessee raised an additional ground before the ITAT, arguing that film production constituted a manufacturing activity and thus, was entitled to the benefit of Section 80IA of the Act. The ITAT remitted the case to the Assessing Officer based on the rule of consistency due to a similar matter for the Assessment Year 1999-2000. Acceptance of order by the Revenue for Assessment Year 1999-2000 and Applicability of Section 80IA of the Act in the present case: The Supreme Court noted that the assessee succeeded before the Assessing Officer for the Assessment Year 1999-2000 and other assessment years, where it was held that the activity undertaken constituted manufacture under the Act. The Court directed the High Court to determine if the Revenue had accepted the orders for the Assessment Year 1999-2000 and the applicability of Section 80IA of the Act in the present case. Adequacy of material placed on record by the assessee: The Supreme Court emphasized that the assessee had not claimed the benefit of deduction under Section 80IA of the Act before the Assessing Officer and CIT(A), resulting in insufficient material on record regarding the manufacturing or processing of goods. The Court remitted the case to the High Court to consider various aspects and decide on the matter based on the presented evidence. In conclusion, the civil appeals filed by the Revenue were disposed of by the Supreme Court, with the case remitted to the High Court for further consideration based on the outlined aspects.
|
