THE COMMR OF INCOME TAX vs. M/S CHESLIND TEXTILES LTD

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ITA/1405/2006HC KarnatakaKAHC01057359200603 September 2012Bench: B.MANOHAR,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the income claimed was entitled to deduction under Section 10B. The High Court, following its earlier decision in a similar case, agreed with the Tribunal's view.

What were the facts?

The Revenue appealed against an ITAT order allowing a deduction under Section 10B of the Income Tax Act. The deduction was claimed on income not directly linked to the export of manufactured goods from export-oriented units.

What were the issues?

Whether income not directly linked to export of manufactured goods from export-oriented units is eligible for deduction under Section 10B.

Which sections of the Income-tax Act were involved?

Section 10B

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3RD DAY OF SEPTEMBER 2012 PRESENT THE HON’BLE MR. JUSTICE K SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B MANOHAR ITA NO.1405 OF 2006 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE C R BUILDING QUEENS ROAD BANGALORE 2. THE COMMISSIONER OF INCOME TAX BANGALORE – 1 C R BUILDING, QUEENS ROAD BANGALORE ...APPELLANTS (BY SRI:G KAMALADHAR, ADV) AND: M/S CHESLIND TEXTILES LTD., NO.40, 100 FT ROAD IV BLOCK, KORMANGALA BANGALORE – 560 034 ...RESPONDENT (BY SRI:S PARTHASARATHI, ADV)

2 THIS ITA IS FILED UNDER SECTION 260A OF IT ACT, 1961 ARISING OUT OF ORDER DATED 26.05.2006 PASSED IN ITA NO.152/BANG/2002 FOR THE ASSESSMENT YEAR 1997-98 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.152/BANG/2002 DATED 26.05.2006 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX, BANGALORE-1 IN THE INTEREST OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR HEARING BEFORE THE COURT THIS DAY, K SREEDHAR RAO, J., MADE THE FOLLOWING:- J U D G M E N T The following substantial question of law is framed for consideration: “Whether the Tribunal was correct in holding that income claimed of Rs.7,69,000/- received, profit on sale of assets of Rs.9.65 lakhs and profit on sale of import entitlement of Rs.28.28 lakhs is entitled to deduction u/s.10B of the Act despite the same not been linked to export of manufactured goods from export oriented Section 10B units?” 2. This Court in the case of The Commissioner of Income Tax Vs M/s Wipro Ltd., in ITA No.507/2002 dated 25.08.2010 has answered the substantial

3 question of law framed therein against the revenue. In the present appeal also, similar question of law would arise for consideration. Accordingly, the same is answered against the revenue. Appeal is dismissed. Sd/- JUDGE Sd/- JUDGE *bgn/-

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