COMMISSIONER OF INCOME TAX-V vs. AREEZ P KHAMBHATA
What did the High Court hold?
The High Court held that the questions raised by the Revenue did not involve any substantial question of law. The Court found that the appeals were concluded by findings of fact. Regarding the deduction under Section 80IB, the CIT(A) had reversed the AO's finding on the number of workers by considering workers in both units of the assessee and relying on documentary evidence like ESI inspection reports, wages register, and attendance register. The Tribunal had agreed with the CIT(A)'s view. The Court did not provide a separate finding on the salary deduction or the Section 80AB issue, implying they were also part of the factual matrix that did not raise a substantial question of law. Consequently, the appeals were dismissed.
What were the facts?
The appeals concern the Commissioner of Income Tax-V (Revenue) challenging orders of the Income Tax Appellate Tribunal (Tribunal) that upheld the decisions of the Commissioner of Income Tax (Appeals) [CIT(A)]. The assessee, Areez P Khambata, claimed deductions under Section 80IB of the Income Tax Act. The Assessing Officer (AO) disallowed the deduction, finding the assessee did not employ ten or more workers. The CIT(A) reversed this, considering workers in two units and relying on ESI inspection reports, wages register, and attendance register. The Tribunal agreed with the CIT(A). The assessment years involved are 2003-04 and 2006-07.
What were the issues?
1. Whether the Appellate Tribunal was correct in law and on facts in allowing the assessee deduction under Section 80IB of the Income Tax Act without considering that the conditions laid down therein were not fulfilled? (Relates to Section 80IB) 2. Whether the Appellate Tribunal was correct in law and on facts in allowing the assessee a deduction of salary amounting to Rs. 1,50,000/-, being not actually spent? (No specific section mentioned for this issue) 3. Whether the Appellate Tribunal was correct in law and on facts in setting aside the view of the AO that in view of Section 80AB, no profit from an industrial undertaking is included in the gross total income, and hence such deduction would not be permissible? (Relates to Section 80AB and Section 80IB) Assessee's contentions: Not recorded. Revenue's contentions: The Revenue argued that the conditions for Section 80IB deduction were not met, specifically regarding the number of workers. They also questioned the deduction of salary not actually spent and the permissibility of deduction under Section 80AB when profits are not included in gross total income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
TAXAP/78/2012 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL No. 78 of 2012 With TAX APPEAL No. 79 of 2012 For Approval and Signature: HONOURABLE MR.JUSTICE V. M. SAHAI
HONOURABLE MR.JUSTICE N.V. ANJARIA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment? No 2 To be referred to the Reporter or not? No 3 Whether their Lordships wish to see the fair copy of the judgment? No 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder? No 5 Whether it is to be circulated to the civil judge? No ========================================================= COMMISSIONER OF INCOME TAX-V Versus AREEZ P KHAMBHATA ========================================================= Appearance : MRS MAUNA M BHATT for Appellant(s) : 1, None for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE N.V. ANJARIA Date : 09/08/2012 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. M. R. Bhatt, learned senior standing counsel assisted by Ms.Mauna Bhatt, learned counsel for appellant.
TAXAP/78/2012 2/3 JUDGMENT 2. This tax appeal has been filed on the following two proposed substantial questions of law. “[A]. Whether the Appellate Tribunal is right in law and on facts in allowing assessee deduction u/s 80IB of I.T. Act without considering that the conditions laid down u/s 80IB of I.T.Act have not been fulfilled? [B] Whether the Appellate Tribunal is right in law and on facts in allowing assessee deduction of salary amount of Rs.1,50,000/ being not actually spent? [C] Whether the Appellate Tribunal is right in law and on facts in setting aside the view of AO that in view of sectioned 80AB no profit from Industrial undertaking is included in the gross total income and hence such deduction would not be permissible?” 3. Under Section 80IB of the Income Tax Act if the assessee has ten or more workers then assessee is entitled to claim of deduction. The Assessing Officer came to the conclusion that the assessee was not having more than 10 workers. This finding recorded by the Assessing Officer has been reversed by the Commissioner of Income Tax (Appeal). After analyzing statement recorded by the Assessing Officer during the course of survey and inspection report of the Factory Inspector on two accounts. In the inspection report of ESI Inspector, number of workmen and names of workmen engaged in the unit had been mentioned. The CIT (Appeal) came to the conclusion that the Assessing Officer only considered workers engaged in one unit whereas the assessee had another washing unit having same activity. Therefore, the workers engaged in total
TAXAP/78/2012 3/3 JUDGMENT washing unit was also required to be considered while computing total number of workers employed by the assessee. The CIT(Appeal) also found that wages register, attendance register and inspection reports of ESI Inspector also supports the version of the assessee. Therefore, CIT(Appeals) allowed the appeal of the assessee for the Assessment Year 200304 and Assessment Year 200607. The Appeal filed by the revenue has been dismissed by the Tribunal being agreed with the view taken by the CIT (A). 4. After hearing learned counsel for the Revenue, we do not find that the question raised by the Revenue raises any substantial question of law. The appeals are concluded finding of fact and accordingly these Tax Appeal are dismissed. [V. M. SAHAI, J.] [N. V. ANJARIA, J.] Amit
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