PALIWAL HOME FURNISHINGS GOHANA ROAD PNP. vs. CIT KARNAL

ITA/424/2009HC Punjab & HaryanaPHHC01084530200904 December 2009Author: MR. JUSTICE M.S. SULLAR,MR. JUSTICE SATISH KUMAR MITTAL2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that all the substantial questions of law raised by the assessee had already been decided against the assessee by the same Court in the case of Liberty India v. Commissioner of Income Tax (2007) 293 ITR 520. This decision was subsequently affirmed by the Hon'ble Supreme Court of India in Liberty India v. Commissioner of Income Tax (2009) 317 Income Tax Reports 218 (SC). Therefore, in view of the binding precedent, the High Court found no substantial question of law arising from the impugned order. The appeal was dismissed. No issues were expressly left undecided.

What were the facts?

The assessee, Paliwal Home Furnishings, filed an appeal before the High Court of Punjab and Haryana against an order dated 24.10.2008 passed by the Income Tax Appellate Tribunal (ITAT), Delhi Bench. The appeal pertained to the Assessment Year 2003-2004. The dispute involved the eligibility of duty drawback and Duty Entitlement Pass Book (DEPB) Scheme receipts for deduction under Section 80IB of the Income Tax Act, 1961, and the restriction of deductions under Section 80HHC read with Sections 80IA(9) and 80IB(13). The amount in dispute is not specified. The procedural history involves the assessee's appeal to the ITAT, whose order is now under challenge before the High Court.

What were the issues?

The Tribunal had to decide the following substantial questions of law: 1. Whether the duty drawback received is an amount derived and eligible for claim under Section 80IB? 2. Whether the Duty Entitlement Pass Book Scheme received is an amount derived and eligible for claim under Section 80IB? 3. Whether, on the true and correct interpretation of the provisions of Section 80HHC read with Section 80IA(9) and Section 80IB(13), the Tribunal has erred in restricting the claim of deductions under the Act? The assessee contended that duty drawback and DEPB receipts were eligible for deduction under Section 80IB and that the Tribunal erred in restricting deductions under Section 80HHC read with other sections. The revenue's contentions are not recorded in the judgment. The assessee relied on the principles of law to be decided.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 80IB,Section 80HHC,Section 80IA(9),Section 80IB(13)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Date of Decision:- 4.12.2009 Paliwal Home Furnishings, Gohana Road, Panipat ---Appellant

Versus Commissioner of Income Tax, Karnal

---Respondent

CORAM:- HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Devinder Kumar, Advocate for the appellant. SATISH KUMAR MITTAL, J. (ORAL) The assessee has filed the instant appeal under section 260-A of the Income Tax Act, 1961 against the order dated 24.10.2008 passed by the Income Tax Appellate Tribunal, Delhi Bench (hereinafter referred to as “the ITAT”) in ITA No.2266/Del/2008, in the case of assessee for the Assessment Year 2003-2004, raising the following substantial questions of law:- I. Whether the Duty draw back received is an amount

The order continues below.

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