2011 (1) TMI 476 - HC - Income Tax

DEPB - Determination of deduction u/s 80HHC - deducting the face value of DEPB from sale price of DEPB for calculating profit u/s 28(iiid) and 28(iiie) - The same are covered by earlier order of this Court dated 2010 -TMI - 203399 - PUNJAB AND HARYANA HIGH COURT CIT v. M/s F.C. Sondhi & Company (P) Ltd. whereby the matter was remanded to the Tribunal - Accordingly subject to the right of the respondent to move the Court if aggrieved dispose of the said questions in same terms. Deleting the charging of interest under section 234D - chargibility of interest u/s 234D of the Act for the assessment year 2001-02 the said provision having been incorporated only w.e.f. 1.6.2003 the Tribunal was justified in holding that the same could not apply to the year in question - No interference is thus called for with the view taken by the Tribunal on this aspect. The said questions cannot thus be held to be substantial questions of law.

Summary

Issues:
1. Interpretation of profit under Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961.
2. Calculation of profit on transfer of DEPB entitlement.
3. Deduction of face value of DEPB from sale price for profit calculation.
4. Determination of deduction under Section 80HHC of the Income Tax Act, 1961.
5. Charging of interest under Section 234D of the Income Tax Act, 1961.

Interpretation of Profit under Sections 28(iiid) and 28(iiie):
The appeal raised questions regarding the interpretation of profit under Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961. The issues included whether the total sale consideration inclusive of face value of DEPB and premium amount received represents profit chargeable under these sections. The court referred to a previous order where a similar matter was remanded to the Tribunal. The court disposed of these questions in the same terms, allowing the respondent to move the Court if aggrieved.

Calculation of Profit on Transfer of DEPB Entitlement:
The appeal questioned whether the profit on transfer of DEPB entitlement represents the entire amount inclusive of the premium of the sale of such DEPB. The court did not delve into this specific issue in detail but disposed of it in conjunction with the other questions covered by the earlier order.

Deduction of Face Value of DEPB for Profit Calculation:
The appeal also raised concerns about deducting the face value of DEPB from the sale price for calculating profit under Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961. The court did not provide a detailed analysis but disposed of this issue based on the previous order's remand to the Tribunal.

Determination of Deduction under Section 80HHC:
The appeal questioned whether any artificial cost should be interpolated for the determination of deduction under Section 80HHC of the Income Tax Act, 1961. The court did not provide a separate analysis but disposed of this question in line with the other issues covered by the previous order.

Charging of Interest under Section 234D:
Regarding the charging of interest under Section 234D of the Income Tax Act, 1961, the court found that the provision was incorporated only from 1.6.2003. As the assessment year in question was 2001-02, the Tribunal's decision not to apply this provision was deemed justified. The court upheld the Tribunal's decision on this aspect, stating that no interference was necessary. Therefore, the questions related to the chargibility of interest under Section 234D were not considered substantial questions of law, and the appeal was disposed of accordingly.