Gupta International v. Commissioner Of Income Tax, Karnal

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. ITA No.174 of 2011 Date of decision: 20.7.2011 Gupta International -----Appellant Vs. Commissioner of Income Tax, Karnal ----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELACTING CHIEF JUSTICEHON’BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Rishabh Kapoor, Advocate for the appellant. Adarsh Kumar Goel, ACJ. This order will dispose of ITA Nos.174 and 175 of 2011 asboth the appeals involve common questions of law. ITA No.174 of 2011 has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 against the order of ITAT Delhi“C” Bench in ITA No.2656/Delhi/2008 dated 10.7.2009 for the assessmentyear 2002-03 raising following substantial questions of law:- “a) Whether on the true and correct interpretation of theprovisions of section 80HHC read with section 80IA(9) readwith section 80IB(13) the Tribunal has erred in restricting theclaim of deductions under the Act? b) Whether the provisions of Taxation Laws (Amendment) Act,2005 by bringing third and fourth proviso to section 80HHCretrospectively are unconstitutional and against Article 14, 19(1)(g) of the Constitution and needs to be quashed? c) Whether on the true and correct interpretation of theprovisions of section 148 the same are applicable in a casewhere a substantive provision has been brought in the statuteretrospectively? Learned counsel for the appellant-assessee fairly states thatmatter is covered against the assessee by order of this Court dated18.4.2011 in ITA No.469 of 2010, Asin Exim International v.Commissioner of Income Tax, Jalandhar, Punjab wherein it was held thatif deduction under Section 80IA has been taken, deduction under Section80HHC was not admissible in view of Section 80IB(13) read with Section80IA(9) of the Act, following earlier judgment of this Court in FriendsCastings (P) Limited v. Commissioner of Income Tax, (2011) 50 DTRJudgments 61. In view of above, no substantial question of law arises. Theappeals are dismissed. (Adarsh Kumar Goel)Acting Chief Justice July 20, 2011‘gs’ (Ajay Kumar Mittal) Judge