Kalpataru Power Transmission Ltd., Gandhinagar V. The ACIT, Cent. Circle 2(2), Ahmedabad

CO 160/AHD/2013

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1990 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 18-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 17-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIBHA BHALLA

Judgement Text

C.O. NO. 160 /AHD/2013 ASSESSMENT YEAR: 2009 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD C BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM] C.O. NO.160/AHD/2013 (IN I.T.A. NO. 538/AHD/2013 ) ASSESSMENT YEAR: 2009 - 10 KALPATARU POWER TRANSMISSION LTD . . .APPE LLANT 101, PART III , GIDC ESTATE, SECTOR 28, GANDHINAGAR [PAN: AAACK8387R] VS. ASSTT. COMMISSIONER OF INCOME TAX . . RESPONDENT CENTRAL CIRCLE 2(2), AHMEDABAD APPEARANCES BY: MILIN MEHTA , FOR THE APPELLANT VIBHA BHALLA , FOR THE RESPONDENT DATE OF CONCLUDIN G THE HEARING : MARCH 11, 2016 DATE OF PRONOUNCING THE ORDER : MARCH 18 , 2016 O R D E R PER PRAMOD KUMAR , AM : BY WAY OF THIS C ROSS OBJECTION, THE ASSESS E E HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER OF LD . CIT(A) FOR THE ASSESSMENT YEAR 2009 - 10 ON THE FOLLOWING GERUNDS : - WITHOUT PREJUDICE TO THE CLAIM THAT THE AMOUNT OF CARBON CREDITS ARE NOT TAXABLE, THE LEARNED CIT ( A ) ERRED IN FACT AND IN LAW IN CONFIRMING THE ACTION OF THE AO IN NOT ALLOWING DEDUCTION U/S.80IA OF THE ACT ON THE CARBON CREDITS OF THE BIO MASS TONK PLANT SITUATED ON THE GROUND THAT NO CLAIM WAS MADE IN THE RETURN OF INCOME. 2. VIDE ORDER OF EVEN DATE, WE HAVE UPHELD THE DELETION OF ADDITION OF RS.5,78,28,058/ - ON ACCOUNT OF INCOME FROM CARBON CREDITS. IN VIEW O F THE FACT THAT THE ADDITION ITSELF IS DELETED, THE ADMISSIBILITY OF THE DEDUCTION UNDER SECTION 80IA IN RESPECT OF THE SAME IS WHOLLY ACADEMIC AT THIS STAGE. WE, C.O. NO. 160 /AHD/2013 ASSESSMENT YEAR: 2009 - 10 PAGE 2 OF 2 THEREFORE, SEE NO REASONS TO ADDRESS OURSELVES TO THIS ACADEMIC QUESTION AND HENCE DECLINE T O DEAL WITH THE GRIEVANCE RAISED IN THE CROSS OBJECTION ON MERIT, AT THIS STAGE. 3. IN THE RESULT, THE CROSS OBJECTION IS DISMISSED AS INFRUCTUOUS. PRONOUNCED IN THE OPEN COURT TODAY ON 18 TH DAY OF MARCH, 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 18 TH DAY OF MARCH, 201 6 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY O RDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD