Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 1030 - HC - Income TaxApplicability of 80HH - Additional question of law - Held that:- We are of the opinion that the correct course of action is to remand the proceedings to the Tribunal. The two factors persuade us to take this course of action,that is to frame the above additional question of law and send the same for consideration of the Tribunal both on factual as well as legal aspects. Firstly, factor is that, prima facie, we find that in the Return of income of the Assessee, there is an indication that the Respondent-Assessee has treated itself to be an entity covered under Section 80HH of the Act. Secondly, we cannot be oblivious of the fact that when the order disposing of the present Appeal by the Division Bench was challenged by the Revenue in the Apex Court, a specific ground was taken by the Revenue in their affidavit regarding the applicability of Section 80HH of the Act. Thereafter, the Apex Court had set aside the order disposing of the Appeal and the matter is being now agitated before us. We do not wish to conclude this factual aspect, but what we wish to reiterate is that it cannot be said that the aspect of applicability of 80HH of the Act was never in contemplation of any of the parties to this litigation. If the factual position is established that the Respondent-Assessee falls within the ambit of Section 80HH of the Act and has taken benefit of certain tax exemption, then question will arise whether law laid down by this Court in the case of Indian Rayons will be applicable to the Respondent-Assessee and its case regarding not claiming depreciation could stand.
|