GULF GOANS HOTELS COMPANY LTD., vs. COMMISSIONER OF INCOME TAX AND ANR.,
What did the High Court hold?
The High Court set aside the judgment and order of the Income Tax Appellate Tribunal dated 19.1.2007. The matter was remanded to the Tribunal for fresh consideration in accordance with law. The Tribunal is directed to deal with the nature and effect of the order dated 11.2.2000 passed by the Ministry of Tourism, Government of India. The appeal was disposed of with these directions. The principle is that an appellate tribunal should consider relevant evidence, especially when it pertains to the eligibility for tax benefits, and if such evidence was not considered, a remand may be necessary for a proper adjudication.
What were the facts?
The appellant, Gulf Goans Hotels Company Ltd., is challenging assessment orders for assessment years 1994-95 and 1995-96. These orders, confirmed by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal (ITAT), imposed penalties of Rs. 4,13,732/- and Rs. 8,73,460/- respectively. The penalties were levied on the grounds that the appellant wrongly claimed deductions under Section 80HHD of the Income Tax Act, 1961, by failing to obtain the requisite approval/registration from the Directorate General of Tourism, Government of India, as per Rule 18BBA. The appellant later produced an order dated 11.2.2000 from the Ministry of Tourism, Government of India, certifying their recommendation for Section 80HHD benefits from the commencement of foreign exchange earnings. This order was allegedly not considered by the ITAT.
What were the issues?
1. Whether the Income Tax Appellate Tribunal erred in not considering the order dated 11.2.2000 passed by the Ministry of Tourism, Government of India, as additional evidence, and in not dealing with its effect on the appellant's eligibility for deductions under Section 80HHD for assessment years 1994-95 and 1995-96? (Question of law and fact, concerning Section 80HHD and Rule 18BBA). Assessee's contentions: The order dated 11.2.2000, which certifies the appellant's recommendation for Section 80HHD benefits from the date of commencement of foreign exchange earnings, should have been considered by the ITAT as additional evidence under Rule 29 of the ITAT Rules. This certificate covers the disputed assessment years. The revenue's contentions: The revenue conceded that the matter may be remanded for consideration of the effect of the order dated 11.2.2000.
Which sections of the Income-tax Act were involved?
Section 80HHD, Rule 18BBA, Rule 29
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT : (Per MOHITE, J.) Heard both sides. Admit. By consent of both the parties, heard
2 forthwith.
This appeal has been filed by the appellant impugning the Assessment Orders made for the assessment years 1994-95 and 1995-96, which have been confirmed in appeal by the Commissioner of Income Tax (Appeals) vide his order dated 15.5.1998 and which have further been confirmed by the Income Tax Appellate Tribunal, Panjim Bench, Panjim vide its Order dated 19.1.2007. It appears that the lower authorities upheld the imposition of penalty imposed by the Assessing Officer. The Assessing Officer had levied penalty of Rs.4,13,732/- for the assessment year 1994-95 and penalty of Rs.8,73,460/- for the assessment year 1995-96 on the footing that the appellant had wrongly claimed deductions under Sections 80HHD of the Income Tax Act. The penalty was levied on the footing that the assessee had not obtained approval for registration in the Directorate General of Tourism, Government of India as per the provisions of Section 80HHD, read with Rule 18BBA.
As directed by this Court, the appellant has filed an additional affidavit dated 6.7.07 in which it is mentioned that the Government of India, Ministry of Tourism passed an order dated 11.2.2000 certifying that the appellant was recommended for the benefits from the date of commencement
3 of foreign exchange earnings for the purpose of Section 80HHD of the Income Tax Act, 1961. It was contended before us that certified copy of this order was produced before the Income Tax Appellate Tribunal, but was not considered while passing the Judgment. It was contended that this certificate operates “from the date of commencement of foreign exchange earnings” and this would cover the assessment years 1994-95 and 1995-96. It was further contended that under Rule 29 of the of the Income Tax Appellate Tribunal Rules, it was incumbent upon the Income Tax Appellate Tribunal to consider this as an additional evidence and deal with the effect of grant of such certificate. The Counsel appearing for the respondents states that the matter may be remanded for consideration of the effect of the Order dated 11.2.2000. 5. In the circumstances, the Judgment and Order passed by the Income Tax Appellate Tribunal , Panjim Bench, dated 19.1.2007 is set aside and the matter is remanded to the Tribunal for fresh consideration in accordance with law. While passing the Judgment, the Income Tax Appellate Tribunal will deal with the nature and effect of the order dated 11.2.2000. The appeal is disposed of with the aforesaid directions. R.S. MOHITE, J. N.A. BRITTO, J.
Ssm.
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