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2012 (10) TMI 239 - HC - Income TaxWhen the issues in relation to deduction under Section 80-O on account of the fees for management services received outside India and the deduction of Excise Duty and Customs Duty on payment basis under Section 43B, were not pressed before the learned Tribunal by the learned counsel for the assessee rather conceded to accept the decision of CIT (Appeals), we think that this Court cannot re-open the issue. Mere pendency of the appeal in connection with computation of deduction under Section 80HHC before the Supreme Court cannot be a ground for taking different decision by this Court to accept the contention. - Decided against assessee.
Issues Involved:
1. Interpretation of Section 80-O of the Income Tax Act regarding deduction for foreign travel expenses. 2. Disallowance of claim for deduction of Central Excise Duty and Customs Duty. 3. Disallowance of claim for deduction of contributions to the Family Pension Fund under Section 43-B of the Income Tax Act. 4. Inclusion of Excise Duty within the 'total turnover' for the computation of deduction under Section 80HHC. Issue 1: Interpretation of Section 80-O of the Income Tax Act regarding deduction for foreign travel expenses: The appellant contested the decision of the Assessing Officer to restrict the deduction under Section 80-O by deducting foreign travel expenses from the amount received in convertible foreign exchange. The Tribunal upheld the disallowance, leading to the appeal. The High Court noted that the appellant conceded to accept the decision of the CIT (Appeals) and did not press the issue before the Tribunal. The Court held that it could not re-open the issue based on the appellant's concession. The Court also highlighted that the matter was sub judice before the Supreme Court, making it inappropriate to take a different decision. Therefore, the Court dismissed the appeal without granting any relief on this issue. Issue 2: Disallowance of claim for deduction of Central Excise Duty and Customs Duty: The appellant claimed deduction for Central Excise Duty and Customs Duty amounting to a specific sum, which was disallowed by the Assessing Officer and sustained by the CIT (Appeals) and the Tribunal. The High Court reviewed the Tribunal's decision, which was based on the appellant's concession and acceptance of the CIT (Appeals) decision. The Court refrained from expressing any opinion on the issue due to its pendency before the Supreme Court. The Court dismissed the appeal without granting any relief on this issue. Issue 3: Disallowance of claim for deduction of contributions to the Family Pension Fund under Section 43-B of the Income Tax Act: The appellant's claim for deduction of contributions to the Family Pension Fund under Section 43-B was disallowed by the Assessing Officer, CIT (Appeals), and the Tribunal. The High Court noted that the issue was decided against the appellant following the decision of the Delhi Tribunal. The Court did not express any opinion on this issue and dismissed the appeal without granting relief. Issue 4: Inclusion of Excise Duty within the 'total turnover' for the computation of deduction under Section 80HHC: The appellant raised a ground related to the inclusion of Excise Duty within the 'total turnover' for computing the deduction under Section 80HHC. The High Court observed that this issue was decided against the appellant following a previous decision. The Court highlighted that the matter was sub judice before the Supreme Court and refrained from expressing any opinion on it. The Court dismissed the appeal without granting any relief on this issue. In conclusion, the High Court dismissed the appeal without granting any relief on the issues related to interpretation of Section 80-O, disallowance of Central Excise Duty and Customs Duty, deduction of contributions to the Family Pension Fund under Section 43-B, and the inclusion of Excise Duty within the 'total turnover' for the computation of deduction under Section 80HHC. The Court emphasized the appellant's concession and the pendency of related matters before the Supreme Court as reasons for refraining from expressing opinions on these issues.
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