2012 (10) TMI 784 - AT - Income Tax

Deduction u/s 80HHC in respect of DEPB credits - Held that - Following the order of ITAT in assessee s sister concern case the issue about calculation of 80HHC in respect of DEPB credits is set aside and restored back to the file of Assessing Officer. Direction to AO to decided afresh in the light of the decision of Topman Exports Versus Income-tax Officer, (OSD), 14(2), Mumbai 2009 (8) TMI 827 - ITAT MUMBAI wherein held that the face value of DEPB is chargeable to tax under section 28(iiib) at the time of accrual of income, that is, when the application for DEPB is filed with the competent authority pursuant to exports and profit on sale of DEPB representing the excess of sale proceeds of DEPB over its face value is liable to be considered under section 28(iiid) at the time of its sale - in favour of assessee for statistical purposes.

Issues involved:
1. Disallowance of expenses as personal expenses.
2. Deduction under section 80HHC of the Act.
3. Treatment of DEPBS credits as profits.
4. Nature of receipt from DEPBS credit.
5. Calculation of deduction u/s 80HHC in respect of DEPB credits.
6. Interpretation of statutory provisions regarding deduction under section 80HHC.
7. Reversal of tribunal's decision based on Special Bench judgment.
8. Remand of the case back to the tribunal for fresh adjudication.

Analysis:

1. Disallowance of Expenses as Personal Expenses:
The Assessee challenged the order of the Commissioner of Income Tax (Appeals) regarding the disallowance of foreign travel, vehicle, telephone, and guest house expenses as personal expenses. The Tribunal dismissed this ground as it was not pressed by the Assessee.

2. Deduction under Section 80HHC of the Act:
The Assessee contended that the Assessing Officer erred in not allowing the deduction of a specified amount under section 80HHC of the Act. The Tribunal, following a previous order, set aside the matter for fresh adjudication by the Assessing Officer in light of a Special Bench decision.

3. Treatment of DEPBS Credits as Profits:
The issue revolved around the treatment of the net credit balance of DEPBS account as profits from the transfer of DEPBS credits. The Tribunal, in line with a previous order, remitted the matter back to the Assessing Officer for reevaluation.

4. Nature of Receipt from DEPBS Credit:
The disagreement arose regarding the nature of receipt from DEPBS credit under Section 28 of the Act. The Tribunal directed a fresh adjudication by the Assessing Officer based on the decision in the Assessee's sister concern case.

5. Calculation of Deduction u/s 80HHC in Respect of DEPB Credits:
The Tribunal set aside the issue related to the calculation of deduction under section 80HHC concerning DEPB credits for reassessment by the Assessing Officer following a specific direction.

6. Interpretation of Statutory Provisions Regarding Deduction under Section 80HHC:
The High Court remitted the matter back to the Tribunal to decide the appeals on their merits in light of the decision in a specific case. The Tribunal agreed to set aside the previous order and reconsider the cases based on the factual position.

7. Reversal of Tribunal's Decision Based on Special Bench Judgment:
The Tribunal's decision, following a Special Bench judgment, was reversed by the High Court. Consequently, the cases were remitted back to the Tribunal for fresh consideration in line with the updated legal position.

8. Remand of the Case Back to the Tribunal for Fresh Adjudication:
The Tribunal remanded the case back to the Assessing Officer for a fresh examination in light of the High Court's decision. The Assessee's appeal was allowed for statistical purposes, indicating a procedural victory without altering the substantive tax liability.

This detailed analysis outlines the various issues addressed in the legal judgment, highlighting the key contentions and directions provided by the Tribunal and the High Court for further assessment and consideration by the tax authorities.

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