THE COMMISSIONER OF INCOME TAXVALSAD vs. ECOPLAST LIMITED
What did the High Court hold?
The High Court held that both questions of law were to be answered in favour of the assessee and against the Revenue. The Court relied on its previous decisions in Tax Appeal No. 1052 of 2007, which in turn relied on a decision in Tax Appeal No. 884 of 2006 and allied matters for the first question, and a decision in CIT Vs. Priyanka Gems ([2014] 367 ITR 567) for the second question. The reasoning was that these prior judgments had already settled the issues against the Revenue. The appeal was dismissed accordingly, with no order as to costs. The specific findings of the Tribunal on these issues are not detailed, but the High Court affirmed the Tribunal's stance.
What were the facts?
The appeal was filed by the Commissioner of Income Tax, Valsad (Revenue) against the judgment and order of the Income Tax Appellate Tribunal (Tribunal). The Tribunal had dismissed the appeal preferred by the Revenue. The High Court admitted the matter and framed substantial questions of law. The assessee is Ecoplast Limited. The assessment years are not explicitly stated but the context implies they are related to the period under consideration for the deduction under Section 80HHC.
What were the issues?
1. Whether, on the facts and in law, the Appellate Tribunal was right in holding that excise duty and sales tax would not be included in the total turnover while calculating the deduction under Section 80HHC of the Income Tax Act? 2. Whether, on the facts and in law, the Appellate Tribunal was right in directing not to exclude the amount of Rs. 1,92,880, representing exchange rate difference relating to export sales of earlier years, from the profits eligible for deduction under Section 80HHC? Assessee's contentions: Not recorded in the judgment. Revenue's contentions: Not recorded in the judgment, beyond framing the questions of law.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI)
By way of this appeal, the department has challenged the judgment and order of the Tribunal, whereby, the Tribunal has dismissed the appeal preferred by the revenue. While admitting the matter, this Court has framed following substantial questions of law:
“1. Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in holding that the excise duty and sales will not be included in the total turnover while calculating the deduction u/s. 80HHC of the Act?
Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in directing not to exclude the amounts of Rs.1,92,880/ being exchange rate difference relating to export sales of earlier years from the profits eligible for deduction u/s.80HHC?”
The questions of law raised in this appeal had come up for consideration before this Court in Tax Appeal No. 1052 of 2007. This Court, while deciding the said identical case by order O/TAXAP/1053/2007 JUDGMENT 18/03/2014, relying on a decision of this Court in Tax Appeal [2014] 367 ITR 567 in Tax Appeal No. 1355 of 2005 qua question No. 2, has observed in paragraph Nos. 2 and 3 as under:
“2. It is an agreed position that question 1 is answered against the Revenue by judgment of this Court rendered on December 03, 2013 in the case of Commissioner of Incometax v. Pogagen AMP Nagarsheth Powertronics Ltd. and others while dealing with Tax Appeal No.884 of 2006 and allied matters. Similarly, the question 2 is answered against the Revenue and in favour of the assessee in a judgment in the case of CIT v. Priyanka Gems, decided on March 12, 2014 while dealing with Tax Appeal No.1355 of 2005. 3. In the result, both the questions are answered against the Revenue. Tax Appeal is dismissed. There shall be, however, no order as to costs.”
There is no dispute amongst both the learned counsels that the aforesaid decision will apply in the facts of this case also, as the facts and the questions of law raised, are identical and therefore, O/TAXAP/1053/2007 JUDGMENT we are not giving elaborate reasons.
Accordingly, we answer the questions, “Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in holding that the excise duty and sales will not be included in the total turnover while calculating the deduction u/s. 80HHC of the Act?” and “Whether on the facts and circumstances of the case and in law was the Appellate Tribunal right in directing not to exclude the amounts of Rs.1,92,880/ being exchange rate difference relating to export sales of earlier years from the profits eligible for deduction u/s.80HHC?”, in favour of the assessee and against the department. The appeal stands dismissed accordingly. [ K. S. Jhaveri, J. ] [ K. J. Thaker, J. ] hiren
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