2013 (6) TMI 162 - HC - Income Tax

Deduction u/s 80HHC - as amount of Rs.14,00,817/- towards receipt from interest was not treated as part of export income and the same was decided against the assessee. - Held that - Income Tax Appellate Tribunal was absolutely justified in coming to a conclusion that the said amount cannot be business income. In these circumstances, we find that the judgment passed by the Income Tax Appellate Tribunal is based on factual aspect of the case and needs no interference by this Court.

Summary

Issues:
1. Interpretation of Section 80HHC for claiming benefits on specific income categories
2. Validity of reassessment proceedings under Section 148
3. Treatment of interest received and postage/insurance charges in business income

Analysis:
The High Court addressed the issue of interpreting Section 80HHC concerning the eligibility of specific income categories for benefits. The appellant claimed certain amounts as part of business profit for deduction under Section 80HHC, arguing they were from export income. The Assessing Officer disagreed, deducting the amount as not directly related to business activity. The Commissioner of Income Tax (Appeal) reversed the decision, but the Income Tax Appellate Tribunal ruled that specific amounts were indeed part of business profit eligible for deduction under Section 80HHC. However, the High Court found that interest received and postage/insurance charges were not considered part of export income, leading to a dismissal of the appeal based on factual findings.

The Court also examined the validity of reassessment proceedings initiated under Section 148. The Tribunal's decision to uphold the legality of the reassessment for the relevant assessment year was challenged. The High Court reviewed the proceedings and concluded that the findings of the Tribunal were legally justified, dismissing any objections raised against the reassessment.

Regarding the treatment of interest received and postage/insurance charges in business income, the Court noted that the Tribunal remanded the matter of postage and insurance charges to the Assessing Officer for further verification. However, the Court found that the interest received amount could not be considered as business income. Consequently, the High Court upheld the Tribunal's decision on the factual aspects of the case, stating that no substantial question of law arose for consideration. As a result, the appeal was dismissed based on the findings and conclusions drawn from the factual circumstances presented before the Court.