2017 (5) TMI 1316 - HC - Income Tax

Deduction u/s 80HHC to the assessee on counter sales made to foreign tourists - Held that - There is no dispute between the parties that the transactions of counter sales effected by the respondent involved customs clearance within the meaning of Explanation (aa) to Section 80HHC(4A) of the Act and further that the sales were in convertible foreign exchange. In these circumstances, we are of the view that the Revenue having accepted and consistently followed the position of law settled by Ram Babu s case 1996 (5) TMI 61 - ALLAHABAD High Court , particularly in the case of the assessee itself, there is no merit in this appeal.

Summary

Issues:
Challenging Tribunal's judgment on deduction u/s 80HHC, genuineness of purchases, and maintainability of appeal.

Analysis:
1. The appellant challenged the Tribunal's decision allowing deduction u/s 80HHC on counter sales to foreign tourists, despite lack of custom clearance proof. The Court framed substantial questions of law, questioning the justification of the deduction without custom clearance and clearance at custom stations. The Supreme Court precedent highlighted the exclusion of sales not involving customs clearance from "export out of India."

2. The Court also addressed the genuineness of purchases made by the assessee from specific entities. The Tribunal's decision to treat certain purchases as genuine was challenged, emphasizing the lack of proof and examination of sellers. The Court referred to a previous judgment, emphasizing the need for verification of transactions based on established legal principles.

3. Another issue involved the maintainability of the appeal by the Revenue against the CIT(A)'s order. The Tribunal's decision on treating disallowed purchases as business income was questioned, highlighting the lack of examination and acceptance by the seller. The Court referred to a previous case, directing a fresh assessment by the Assessing Officer based on established legal principles.

4. Ultimately, the Court ruled in favor of the assessee on issues related to deduction u/s 80HHC but in favor of the department on the genuineness of purchases. The matter was remitted back to the Assessing Officer for fresh assessment based on the legal principles outlined in the judgments referred to in the analysis.

5. The appeals were disposed of accordingly, with specific issues being decided in favor of either the assessee or the department. The remittance of the matter to the Assessing Officer for fresh assessment ensures compliance with established legal principles and precedents.