M/s S.E. Exports, Ludhiana V. ITO, Ludhiana

CO 34/CHANDI/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9244 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 08-01-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-01-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 22-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMARVEER SINGH
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE SHRI T.R. SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO. 568/CHD/2012 ASSESSMENT YEAR : 2008-09 I.T.O. WARD 1(3) VS. S.E. EXPORTS LUDHIANA PLOT NO. 273-274 DHANDARI KALAN LUDHIANA AAXFS 4051 N C.O NO. 34/CHD/2013 ARISING OUT OF ITA NO. 568/CHD/2012 ASSESSMENT YEAR : 2008-09 S.E. EXPORTS VS. I.T.O. WARD 1(3) PLOT NO. 273-274 LUDHIANA DHANDARI KALAN LUDHIANA AAXFS 4051 N (APPELLANT) (RESPONDENT) DEPARTMENT BY SHRI AMARVEER SINGH ASSESSEE BY: SHRI ASHWANI KUMAR DATE OF HEARING 6.1.2014 DATE OF PRONOUNCEMENT 8. 1.2014 O R D E R PER T.R.SOOD, A.M THIS APPEAL IS DIRECTED AGAINST THE ORDER DATED 12. 3.2012 OF THE LD CIT(A)-I, LUDHIANA AND THE ASSESSEE HAS F ILED A CROSS OBJECTIONS AGAINST THE SAME. 2 AFTER HEARING BOTH THE PARTIES WE FIND THAT DURIN G ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER MADE V ARIOUS ADDITIONS INCLUDING ADDITIONS AGITATED BY THE REVEN UE. HOWEVER, WHILE COMPUTING THE TOTAL INCOME THE ASSES SING OFFICER ALLOWED DEDUCTION U/S 80IB ON THE ENHANCED INCOME I.E. INCOME DECLARED BY THE ASSESSEE PLUS ADDITIONS MADE BY THE 2 ASSESSING OFFICER. THEREFORE ADDITION BECAME OF ACA DEMIC NATURE WHICH HAVE BEEN DELETED BY THE LD. CIT(A). 3 BEFORE US. THE LD. D.R. FOR THE REVENUE FAIRLY AD MITTED THAT ISSUE HAS BECOME OF ACADEMIC NATURE BECAUSE DE DUCTION U/S 80IB HAS BEEN ALLOWED BY THE ASSESSING OFFICER . HE STRONGLY SUPPORTED THE ORDER OF ASSESSING OFFICER. 4 ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSES SEE SUPPORTED THE IMPUGNED ORDER. 5 AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT NO POINT WOULD BE SERVED IN ADJUDICATING THE VARIOUS G ROUNDS IN RESPECT OF VARIOUS ADDITIONS DELETED BY THE LD. CI T(A) WHICH HAVE BEEN CHALLENGED BY THE REVENUE BECAUSE SAME HA VE BECOME OF ACADEMIC NATURE AS TOTAL INCOME DETERMINE D BY THE ASSESSING OFFICER HIMSELF REMAINS THE SAME IN THE S ENSE THAT THE DEDUCTION U/S 80IB HAS ALREADY BEEN ALLOWED BY HIM. THEREFORE WE DECLINE TO INTERFERE IN THE ORDER OF T HE LD. CIT(A). 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. CROSS OBJECTIONS NO. 34/CHD/2013 7 THE CROSS OBJECTIONS WAS NOT PRESSED BEFORE US, THEREFORE THE SAME ARE DISMISSED AS NOT PRESSED. 8 IN THE RESULT, APPEAL OF THE REVENUE AND THE CROS S OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 8.1.2014 SD/- SD/- (SUSHMA CHOWLA) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 8.1.2014 SURESH COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR 3