Birla Ericsson Opticals Ltd., V. A.C.I.T, SATNA

CO 12/JAB/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9852 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 26-09-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Assessee Lawyers: A P SHRIVASTAVA; SA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER ITA NO.33/JAB/2013 ASSESSMENT YEAR: 2009-10 ASSTT. COMMISSIONER OF INCOME TAX, VS. BIRLA ERICS SON OPTICALS LTD., CIRCLE, SATNA. CHORAHATA, REWA (M.P.) (PAN: AABCB 1380 L). C.O. NO.12/JAB/2013 (IN ITA NO.33/JAB/2013) ASSESSMENT YEAR: 2009-10 BIRLA ERICSSON OPTICALS LTD., VS. ASSTT. COMMISSIO NER OF INCOME TAX, CHORAHATA, REWA (M.P.) CIRCLE, SATNA. (PAN: AABCB 1380 L). (APPELLANTS) (RESPONDENTS) REVENUE BY : SHRI ABHISHEK SHUKLA ASSESSEE BY : SHRI A.P. SHRIVASTAVA & SHRI SAPAN USRETHE DATE OF HEARING : 23.09.2014 DATE OF PRONOUNCEMENT : 26.09.2014 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSING OFFICER, AS ALSO CROSS OBJECTION FILED BY THE ASSESSEE, ARE DIRECTED AGAINST ORDER DATED 28 TH SEPTEMBER, 2012 IN THE MATTER OF 2 ITA NO.33/JAB/2013 & C.O. NO.12/JAB/2013 A.YS. 2009-10 ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX A CT, 1961, FOR THE ASSESSMENT YEAR 2009-10. 2. ON THE APPEAL FILED BY THE ASSESSING OFFICER, FO LLOWING GRIEVANCE IS RAISED :- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN FACTS AND IN LAW :- (I) IN DELETING THE ADDITION OF RS.14,71,007/- BY TREAT ING SALES TAX SUBSIDY OF THE YEAR AS CAPITAL IN NATURE. (II) IN NOT CONSIDERING THE JUDGEMENT DELIVERED BY HONB LE SUPREME COURT IN THE CASE OF SAHNEY STEEL & PRESS WORKS LIM ITED, VS. CIT (1997) IN 228 ITR 253 WHICH WAS REFERRED BY A.O . IN HIS ORDER. 2. THAT THE APPELLANT RESERVES THE RIGHT TO AMEND/A LTER ANY OF THE GROUNDS OF APPEAL/ADD OTHER GROUND OF APPEAL AT TIM E OF HEARING. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE IS SUE IS COVERED, IN FAVOUR OF THE ASSESSEE, BY TRIBUNALS ORDER DATED 27.03.2012 IN ASSESSEES OWN CASE AND THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS MERELY FOLLOWED THE SAME. LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER, VEHEM ENTLY RELIES UPON THE STAND OF THE ASSESSING OFFICER. 3 ITA NO.33/JAB/2013 & C.O. NO.12/JAB/2013 A.YS. 2009-10 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY US IN ASSESSEES OWN CASE FOR OTHER ASSESS MENT YEARS. NO DISTINGUISHING FACTORS HAVE BEEN POINTED OUT BY THE LEARNED DEPART MENTAL REPRESENTATIVE. IN THIS VIEW OF THE MATTER, AND RESPECTFULLY FOLLOWING THE SAID ORDERS, WE UPHOLD THE CONCLUSION ARRIVED AT BY THE LD. COMMISSIONER OF IN COME TAX (APPEALS) AND DECLINE TO INTERFERE IN THE MATTER. A COPY OF THE TRIBUNALS ORDER DATED 27.03.2013 IS TO BE DEEMED TO BE ATTACHED TO AND FORMING PART OF THIS ORDER. 5. IN THE RESULT, THE APPEAL OF THE ASSESSING OFFIC ER IS DISMISSED. 6. AS FOR THE CROSS OBJECTION FILED BY THE ASSESSEE , LEARNED COUNSEL FOR THE ASSESSEE DID NOT PRESS THE SAME. ACCORDINGLY, THE CROSS OBJECTION IS DISMISSED AS NOT PRESSED. 7. IN THE RESULT, THE REVENUES APPEAL AS ALSO ASSE SSEES CROSS OBJECTION ARE DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON 2 6 TH DAY OF SEPTEMBER, 2014. SD/- SD/- (C.M. GARG) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 26 TH SEPTEMBER, 2014 4 ITA NO.33/JAB/2013 & C.O. NO.12/JAB/2013 A.YS. 2009-10 PBN/* COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, JABALPUR