2019 (12) TMI 328 - HC - Income Tax

Deduction u/s 80HHC - HELD THAT - In ACG Associated Capsules (P) Ltd. 2012 (2) TMI 101 - SUPREME COURT the Hon'ble Supreme Court, has clearly held that deductions of the nature as are referred to in the substantial question of law at (ii) above, are permissible, such deductions are required to be made not on the gross receipts but on the net receipts. Substantial questions of law at (ii), (iv) and (v) will have to be answered by holding that the revenue was quite right in making the deductions referred to in the substantial question of law at (ii). However, such deductions ought to have been made on the basis of net receipts and not gross receipts. The substantial questions of law at (ii), (iv) and (v) are answered accordingly. The revenue will therefore have to rework the assessment on such basis and extend the necessary benefits, if any, to the appellant within a reasonable period. The impugned orders are modified accordingly. Tribunal not permitting adding losses from export of trading goods in respect of disclaimed turnover to the profit eligible for deduction under Section 80HHC - HELD THAT - The substantial question of law at (vi) is consequently answered in favour of the assessee-appellant and against the revenue-respondent as relying on own case 2012 (4) TMI 344 - BOMBAY HIGH COURT . The impugned orders are modified accordingly.

Issues:
1. Jurisdiction under Section 147 of the Act
2. Deduction of 90% of income under Section 80HHC
3. Interpretation of Clause (baa) of the Explanation below Section 80HHC
4. Computation of net receipts for deductions
5. Treatment of losses from export of trading goods for deduction under Section 80HHC

Jurisdiction under Section 147 of the Act:
The appellant did not press the issue regarding the Tribunal's jurisdiction under Section 147 of the Act. Consequently, this question was not addressed further in the judgment.

Deduction of 90% of income under Section 80HHC:
The main issue revolved around whether the Tribunal was correct in allowing the Assessing Officer to deduct 90% of income from various sources while computing the profits of the business under Section 80HHC. The appellant argued that deductions should be made on a net basis, not gross, citing relevant case law. The Court agreed with the appellant, stating that deductions should indeed be based on net receipts, not gross, and directed the revenue to rework the assessment accordingly.

Interpretation of Clause (baa) of the Explanation below Section 80HHC:
The Court referred to the ACG Associated Capsules case and emphasized that deductions under Clause (baa) should be made on net receipts, not gross. This interpretation was crucial in resolving the issue related to the Tribunal's decision on deducting 90% of income under Section 80HHC.

Computation of net receipts for deductions:
The Court clarified that deductions under Section 80HHC should be based on net receipts, as per the legal interpretation provided in the ACG Associated Capsules case. This clarification was essential in determining the correct method for computing deductions and ensuring the proper application of tax laws.

Treatment of losses from export of trading goods for deduction under Section 80HHC:
The Court found in favor of the appellant regarding the treatment of losses from export of trading goods for deduction under Section 80HHC. Citing a previous decision in a related case, the Court ruled in favor of the appellant and directed that the impugned orders be modified accordingly.

In conclusion, the Court disposed of the appeal by addressing the various issues raised, providing clarity on the interpretation of relevant legal provisions, and directing the revenue to rework the assessment based on the correct method of computing deductions.

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