M/s Girinar Industries, Cochin V. ACIT, Ernakulam

ITA 1017/COCH/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4371 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 03-06-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 22-12-2008
• Court: TRIBUNAL
• Department Lawyers: T J VINCENT
• Assessee Lawyers: C CHANDRASEKHARAN KK
• Section: 10AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.VIJAYAKUMARAN & SHRI SANJAY ARORA I.T.A.NO.1017/COCH/2008 ASSESSMENT YEAR:2005-06 M/S. GIRNAR INDUSTRIES, 39 A CSEZ, KAKKANAD, KOCHI- 31. PA NO.AEFG 8859M VS. THE ASST. COMMI SSIONER OF INCOME-TAX, CIRCLE-1(2), RANGE-2, ERNAKULAM. (APPELLANT) ( RESPONDENT ) APPELLANT BY SHRI C.CHANDRASEKHARAN, KK RESPONDENT BY SHRI T.J. VINCENT, JR.D.R. O R D E R PER N.VIJAYAKUMARAN,J.M: THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER O F THE CIT(APPEALS)-II, KOCHI, DATED 29-09-2008. THE ASS ESSMENT YEAR INVOLVED IS 2005-06. 2. THE ONLY ISSUE IS ON THE EXEMPTION U/S.10A OF TH E I.T.ACT. THE AUTHORITIES HELD THAT THE ASSESSEE I S NOT ENTITLED TO GET EXEMPTION U/S.10A WHEREAS THE CONTE NTION OF THEE ASSESSEE IS THAT THE ASSESSEES BUSINESS IS TH E EXPORT OF BLENDED TEA AND BLENDING OF TEA AMOUNTS TO MANUF ACTURE ITA NO. 1017/COCH/2002 2 IN THE LIGHT OF THE DEFINITION GIVEN TO THE WORD M ANUFACTURE IN SECTION 10AA OF THE I.T.ACT. 3. THE LD. D.R. RELIED ON THE FINDINGS OF THE AUT HORITIES BELOW. THE LD. COUNSEL FOR THE ASSESSEE RELIED ON THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT I N THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2004-05 , WHICH IS THE IMMEDIATELY PRECEDING ASSESSMENT YEAR, WHERE IN THE HONBLE HIGH COURT HELD THAT BLENDING OF TEA IS A MANUFACTURING ACTIVITY WHICH ENTITIES THE ASSESSEE FOR EXEMPTION U/S.10A OF THE I.T.ACT FOR THE ASSESSMENT YEAR 2004-05. AS THE PRESENT ASSESSMENT YEAR UNDER AP PEAL IS THE IMMEDIATELY SUCCEEDING ASSESSMENT YEAR, RESPECT FULLY FOLLOWING THE AFORESAID DECISION OF THE HONBLE JUR ISDICTIONAL HIGH COURT IN THE ASSESSEES OWN CASE, WE HAVE NO HESITATION IN SETTING ASIDE THE ORDERS OF THE AUTHO RITIES BELOW AND ALLOW THE CLAIM OF THE ASSESSEE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. SD/- SD/- (SANJAY ARORA) (N.VIJAYKUMARAN) ACCOUNTANT MEMBER JUDICIAL M EMBER ERNAKULAM, DATED THE 04 TH JUNE,2010. PM. ITA NO. 1017/COCH/2002 3 COPY FORWARDED TO: 1. M/S. GIRNAR INDUSTRIES, 39A CSEZ, KAKKANAD, KOCHI-3 1. 2. THE ACIT., CIRCLE-1(2), RANGE-2, ERNAKULAM. 3. CIT(A)-II, KOCHI. 4. CIT, KOCHI. 5. D.R.