2015 (7) TMI 808 - HC - Income Tax

Entitlement to deduction on profit from sale of DEPB from its total income - whether ITAT erred in allowing the claim without fulfilling the conditions prescribed in the 3rd proviso to Section 80HHC? - Held that - The Revenue, on the premise that the decision of the Gujarat High Court in the case of Avani Exports & Ors. V. Commissioner of Income Tax & Ors 2012 (7) TMI 190 - GUJARAT HIGH COURT is pending before the Supreme Court has filed the present Tax Case (Appeals). Now the Supreme Court 2015 (4) TMI 193 - SUPREME COURT has rendered a finding that the exporters having a turnover below ₹ 10.00 crores and above ₹ 10.00 crores should be treated similarly and the amendment to Section 80HHC(3) is effective prospectively. We find that the case of the respondent/assessee falls within the parameters of the above-said decision of the Gujarat High Court, affirmed by the Supreme Court. Hence, following the above-said decision of the Gujarat High Court, affirmed by the Supreme Court, we do not find any reason to entertain these appeals. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Section 80HHC of the Income Tax Act regarding deduction on profit from sale of DEPB.
2. Application of the third proviso to Section 80HHC and its impact on eligibility for deduction under Section 80HHC.

Analysis:
1. The case involved the interpretation of Section 80HHC of the Income Tax Act in relation to the deduction on profit from the sale of Duty Entitlement Pass Book (DEPB). The appellant, engaged in the manufacture of leather and leather garments, claimed deduction under Section 80HHC for the assessment years 1999-2000 and 2003-2004. The Assessing Officer initially denied the claim due to the appellant's turnover exceeding Rs. 10.00 crores, which did not satisfy the conditions of the amended provision of Section 80HHC(3). However, the Commissioner of Income Tax (Appeals) allowed the appeals based on a decision of the Gujarat High Court, directing the Assessing Officer to recompute the deduction. Subsequently, the Income Tax Appellate Tribunal partly allowed the appeal, citing relevant Supreme Court judgments and remitting the file back to the Assessing Officer for recomputation in line with the decision in the case of Avani Exports & Others v. CIT.

2. The dispute primarily revolved around the third and fourth provisos to Section 80HHC(3), which imposed specific conditions on assessees with export turnover exceeding Rs. 10.00 crores to claim benefits under Section 80HHC. The amendment classified exporters based on turnover, requiring compliance with twin conditions related to duty drawback and Duty Entitlement Pass Book Scheme. The Gujarat High Court, in the case of Avani Exports & Ors. v. CIT, invalidated the retrospective effect of the amendment, clarifying that it should not affect earlier assessment years of assessees with turnover above Rs. 10 crores. The Supreme Court upheld this decision, emphasizing that exporters below and above Rs. 10 crores turnover should be treated similarly, and the amendment to Section 80HHC(3) applies prospectively.

In conclusion, the High Court, following the Supreme Court's clarification, dismissed the Tax Case (Appeals) as the respondent's case aligned with the decisions of the Gujarat High Court and the Supreme Court. The judgment highlighted the uniform treatment of exporters based on turnover and the prospective application of the Section 80HHC(3) amendment, in line with the legal principles established through the series of judicial decisions.