2015 (8) TMI 716 - HC - Income Tax

Entitlement to the benefit of Section 10A - ITAT allowed claim - Held that - The impugned order of ITAT has merely followed the order of this Court in Western Outdoor and Paul Brothers 2012 (8) TMI 709 - BOMBAY HIGH COURT in holding that in the absence of withdrawal of benefit of the first year, the benefit cannot be disallowed in subsequent Assessment years. Therefore no fault can be found with the impugned order. - Decided in favour of assessee.

Summary

Issues:
Appeals challenging Tribunal's order for Assessment years 2006-2007, 2008-2009, and 2004-2005 - Interpretation of Section 10A benefit - Application of precedents - Low tax effect on appeal filing.

Analysis:
The Revenue filed appeals challenging the Tribunal's order for Assessment years 2006-2007, 2008-2009, and 2004-2005, questioning the application of Section 10A benefits and the reliance on precedents. The main legal questions raised included whether the Tribunal erred in applying its decision from a previous year without considering the differences in facts, and whether the Tribunal was justified in dismissing the Revenue's appeal based on the failure to prove eligibility for deduction under Section 10A.

In a previous assessment year, the Respondent had successfully claimed Section 10A benefits, which the Revenue accepted without further appeal. Subsequently, for the years in question, the Tribunal held that once a deduction is allowed and accepted in the initial year, it cannot be disallowed in subsequent years unless withdrawn initially. This decision was based on established precedents like CIT v/s Western Outdoor Interactive P. Ltd and CIT v Paul Brothers, emphasizing the importance of consistency in benefit application without factual changes.

During the proceedings, the Revenue argued that due to low tax effect, an appeal for the initial assessment year could not be filed, challenging the Tribunal's decision. However, the Respondent presented evidence contradicting this claim, asserting that the order for the initial year was accepted by the Revenue. The Court noted that under CBDT instructions, the impact of Section 10A benefits extends to subsequent years, allowing appeals to be filed. The Court upheld the Tribunal's decision, citing the precedence set by previous judgments, and dismissed the appeals, finding no substantial legal questions raised by the Revenue.

In conclusion, the Court's ruling emphasized the importance of consistency in applying deductions under Section 10A, based on established precedents and legal principles. The judgment clarified the impact of previous decisions on subsequent years and highlighted the significance of factual consistency in benefit application.