2015 (8) TMI 523 - SC - Income Tax

Entitlement to deduction u/s 80HHC - Profits derived from export - assessee had exported tea and had received sale proceeds in foreign exchange - AO found that there was a loss from Kerala tea and only a small profit from Tamil Nadu tea. The net result of trading in tea was a loss. The business income included in the total income is actually the income from the other activities and income from services rendered. After setting off the losses from tea the deduction is not permissible as section 80AB is to be applied - HC allowed assessee claim of deduction - Held that - As relying on case of Jeyar Consultant and Investment Pvt. Ltd. v. CIT reported in 2015 (4) TMI 195 - SUPREME COURT wherein it is categorically held that to avail of the benefit of section 80HHC of the Income-tax Act there has to be positive income from the export business. The said judgment in our opinion squarely covers the present case. The order of the High Court 2003 (3) TMI 24 - KERALA High Court is accordingly set aside and the order of the Assessing Officer is restored. - Decided against assessee.

Summary

Issues:
1. Interpretation of provisions related to deduction under section 80HHC for profits derived from export.
2. Applicability of section 80AB in calculating profits for deduction.
3. Judicial interpretation of the interplay between sections 80HHC and 80AB.
4. Review of lower authorities' decisions and High Court's judgment.
5. Impact of recent Supreme Court judgment on the present case.

Analysis:
1. The respondent, a public limited company engaged in tea growing and trading, claimed deduction under section 80HHC for profits from export. The total turnover was &8377; 40,82,91,806, with an export turnover of &8377; 7,24,99,271. The appellant argued that profits from export should be computed under section 80HHC(b).

2. In the assessment for 1987-88, the respondent claimed a deduction of &8377; 16,27,562 under section 80HHC, restricted to export profits. The calculation was per section 80HHC(3), with section 80AB also applicable. The Assessing Officer disallowed the deduction due to losses in tea trading, applying section 80AB.

3. The Commissioner (Appeals) partly allowed the appeal, disagreeing with the valuation of rubber trees but upholding the disallowance of the deduction. The Tribunal later allowed the deduction, stating that section 80AB does not apply to cases covered by section 80HHC. The High Court upheld the Tribunal's decision.

4. The Supreme Court, referring to a recent judgment, emphasized the need for positive income from export to claim benefits under section 80HHC. Citing the Jeyar Consultant case, the Court set aside the High Court's decision and reinstated the Assessing Officer's order, ruling in favor of the appellant.

5. The Court's decision was based on the requirement of positive income from export for section 80HHC benefits, overturning the High Court's judgment. The appeal was disposed of in favor of the appellant, highlighting the importance of income positivity in export business for claiming deductions under section 80HHC.