M/S BROADWAY OVERSEAS LTD V. COMMI. OF IT, JALANDHAR

ITA/401/2011

AI Insights

The case involves a bunch of appeals filed under Section 260A of the Income Tax Act, 1961, against the orders passed by the Amritsar and Chandigarh Benches of the Income Tax Appellate Tribunal. The appeals were related to the computation of deductions under Section 80HHC of the Act. The High Court of Punjab and Haryana found that the issues raised in these appeals were similar to those in a previous judgment concerning M/s Turbo Impex, which was influenced by the Supreme Court's decision in Topman Exports. Consequently, the High Court decided to allow the appeals and remand the cases for re-computation of deductions as per the Supreme Court's guidelines.

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 695873 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 28-03-2012
• Assessment Year: misc
• Other Referred Cases: Topman Exports v. Commissioner of Income Tax, Mumbai
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: RAJESH KATOCH; SAVITA SAXENA; VIVEK SETHI
• Assessee Lawyers: S K MUKHI; RAJIV SHARMA; ROHIT SUD
• Keywords: Deduction; Income Tax; Section 80HHC; Topman Exports Case
• Section: 80HHC; 260A

Judgement Text

"IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 401 of 2011 (O&M) and connected appeals Date of Decision: March 28, 2012 M/s Broadway Overseas Ltd. …Appellant Versus Commissioner of Income Tax-I, Jalandhar …Respondent CORAM: CORAM: CORAM: CORAM: HON’BLE MR. JUSTI HON’BLE MR. JUSTI HON’BLE MR. JUSTI HON’BLE MR. JUSTICE M.M. KUMAR CE M.M. KUMAR CE M.M. KUMAR CE M.M. KUMAR HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE ALOK SINGH ALOK SINGH ALOK SINGH ALOK SINGH Present: For the Appellant(s): Mr. S.K. Mukhi, Advocate. Mr. Rajiv Sharma, Advocate. Mr. Rohit Sud, Advocate. For the respondent(s): Mr. Rajesh Katoch, Advocate. Ms. Savita Saxena, Advocate. Mr. Vivek Sethi, Advocate. 1. To be referred to the Reporters or not? 2. Whether the Judgment should be reported in the Digest M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. This order shall dispose of a bunch of appeals* * * * filed under Section 260A of the Income Tax Act, 1961 (for brevity, ‘the Act’) against the order(s)** ** ** ** passed by the Amritsar and Chandigarh Benches of the Income Tax Appellate Tribunal because common question of law and facts are involved. 2. Learned counsel for the parties are ad idem that the present appeals are squarely covered by our judgment in a similar bunch of appeals, rendered in the case of M/s Turbo Impex M/s Turbo Impex M/s Turbo Impex M/s Turbo Impex v. v. v. v. Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax- - - -II, Ludhiana II, Ludhiana II, Ludhiana II, Ludhiana (ITA No. 361 of 2011, (ITA No. 361 of 2011, (ITA No. 361 of 2011, (ITA No. 361 of 2011, ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals 2 decided on 20.3.2012) decided on 20.3.2012) decided on 20.3.2012) decided on 20.3.2012) wherein we have allowed the appeals in the light of the principles enunciated by Hon’ble the Supreme Court in the case of Topman Exports Topman Exports Topman Exports Topman Exports v. v. v. v. Commissioner of Income Tax, Commissioner of Income Tax, Commissioner of Income Tax, Commissioner of Income Tax, Mumbai Mumbai Mumbai Mumbai, (2012) 3 SCC 593 , (2012) 3 SCC 593 , (2012) 3 SCC 593 , (2012) 3 SCC 593. 3. Accordingly, these appeals are also allowed in terms of the judgment of Hon’ble the Supreme Court rendered in the case of Topman Expo Topman Expo Topman Expo Topman Exports (supra) rts (supra) rts (supra) rts (supra). The impugned order(s)** passed by the Amritsar Bench and Chandigarh Bench of the Tribunal are hereby set aside. The matters are remanded back to the concerned Assessing Officer(s) with a direction to compute the deduction under Section 80HHC of the Act in accordance with law and in the light of the judgment of Hon’ble the Supreme Court in the case of Topman Exports (supra) Topman Exports (supra) Topman Exports (supra) Topman Exports (supra). 4. A photocopy of this order be placed on the files of all the connected appeals. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE ( ( ( (ALOK SINGH ALOK SINGH ALOK SINGH ALOK SINGH) ) ) ) M M M March arch arch arch 2 2 2 28 8 8 8, 201 , 201 , 201 , 2012 2 2 2 JUDGE JUDGE JUDGE JUDGE PKapoor * Arising out of Sr. No. ITA No. Title Date of the impugned order** ** ** ** Name of the Bench of the ITAT which has passed the impugned order ITA No. before the Tribunal Assessment Year 1 301 of 2011 M/s Ambika Overseas v. Commissioner of Income Tax-I, Jalandhar 24.12.2010 Amritsar Bench 119(ASR)2009 2003-04 2 256 of 2011 M/s Broadway Overseas Ltd. v. Commissioner of Income Tax, Jalandhar 24.12.2010 Amritsar Bench 429(ASR)2009 2003-04 ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals ITA No. 401 of 2011 (O&M) & connected appeals 3 3 401 of 2011 M/s Broadway Overseas Ltd. v. Commissioner of Income Tax-I, Jalandhar 24.12.2010 Amritsar Bench 430(ASR)2009 2004-05 4 302 of 2011 M/s Eastman International v. Commissioner of Income Tax, Ludhiana 30.6.2011 Chandigarh Bench 487/CHD/2009 2001-02 5 262 of 2011 M/s Gee Kay International v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 31(ASR)2009 2003-04 6 267 of 2011 M/s Gee Kay International v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 32(ASR)2009 2004-05 7 266 of 2011 M/s Hansa Agencies (P) Ltd. v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 179(ASR)2009 2004-05 8 265 of 2011 M/s Hansa Exports Corporation v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 47(ASR)2009 2003-04 9 263 of 2011 M/s Hansa Exports Corporation v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 228(ASR)2009 2004-05 10 304 of 2011 M/s Jindal Fine Industries v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 10/CHANDI/2007 2003-04 11 226 of 2011 M/s Ramco International v. Commissioner of Income Tax, Jalandhar 24.12.2010 Amritsar Bench 613(ASR)2008 2004-05 12 403 of 2011 M/s Sovereign Exports v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 192/CHD/2009 2001-02 13 404 of 2011 M/s Sovereign Exports v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 741/CHD/2006 2003-04 14 402 of 2011 M/s Sovereign Exports v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 347/CHD/2008 2004-05 15 264 of 2011 M/s Suri Sons v. Assistant Commissioner of Income Tax and another 24.12.2010 Amritsar Bench 50(ASR)2009 2004-05 16 305 of 2011 M/s TRB Exports Pvt. Ltd. v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 749/CHANDI/2006 2003-04 17 303 of 2011 M/s TRB Exports Pvt. Ltd. v. Commissioner of Income Tax-II, Ludhiana 30.6.2011 Chandigarh Bench 402/CHANDI/2008 2004-05 (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE ( ( ( (ALOK SINGH ALOK SINGH ALOK SINGH ALOK SINGH) ) ) ) M M M March arch arch arch 2 2 2 28 8 8 8, 201 , 201 , 201 , 2012 2 2 2 JUDGE JUDGE JUDGE JUDGE PKapoor "