2016 (10) TMI 248 - HC - Income Tax

Deduction u/s 10B - Tribunal holding that export incentives would come within the purview of profit derived from the export of articles or things of a 100% Export Oriented Undertaking within the meaning of Section 10B - Held that - Both the authorities have rightly come to the conclusion by considering the decision of Calcutta High Court in case of Chloride India Ltd 2001 (12) TMI 34 - CALCUTTA High Court is in complete agreement with the conclusions arrived at by the authorities below. Accordingly, both the appeals are dismissed. The issue raised in these appeals is answered in favour of the assessee

Summary

Issues:
1. Challenge to ITAT orders confirming CIT (A) and reversing AO findings.
2. Interpretation of Section 10B of the Income Tax Act regarding export incentives.

Analysis:
1. The judgment pertains to two tax appeals challenging ITAT orders confirming CIT (A) and reversing AO findings. The assessee filed its income tax return for the assessment year 2005-06, which was taken up for scrutiny. The AO determined the total income of the assessee, leading to an appeal before the CIT (A) where the assessee was allowed a deduction under Section 10B of the Act. The revenue, aggrieved by the CIT (A) order, approached the ITAT, resulting in the current appeals.

2. The main issue raised in the appeals was whether export incentives should be considered as profit derived from the export of articles or things of a 100% Export Oriented Undertaking under Section 10B of the Act. The Department argued that export incentives should not be included in the benefit covered by Section 10B. However, both the CIT (A) and the Tribunal, in line with the decision of the Calcutta High Court in the case of Chloride India Ltd, held that export incentives should not be included in total turnover for computing the deduction under Section 10B.

3. The CIT (A) based its decision on the Calcutta High Court's ruling, emphasizing that export incentives should not form part of total turnover for computing the deduction under Section 10B. The Tribunal also referred to a previous case law to support its decision that entire profits derived from the business of the undertaking should be considered for calculating the eligible deduction under Section 10AB.

4. The High Court upheld the decisions of the lower authorities, stating that both the CIT (A) and the Tribunal correctly interpreted the law regarding export incentives and Section 10B. The Court agreed with the conclusions reached by the authorities below, citing the Calcutta High Court's decision in Chloride India Ltd. Consequently, the appeals were dismissed, and the issue was resolved in favor of the assessee, against the Department.