M/s Sagar Enterprises, Baddi V. DCIT, Circle , Parwanoo

ITA 1043/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6645 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 22-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJIT SIGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO.1043/CHD/2017 (ASSESSMENT YEAR : 2013-14) M/S SAGAR ENTERPRISES, VS. THE D.C.I.T., VILLAGE KATHA, CIRCLE- PARWANOO. BEHIND COCA COLA FACTORY, H.P. BADDI, H.P. PAN: ABFFS6537E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANOJ KUMAR RESPONDENT BY : SHRI MANJIT SIGH, SR.DR DATE OF HEARING : 14.11.2017 DATE OF PRONOUNCEMENT : 14.11.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER : THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX(APPEALS )-, SHIMLA (HEREINAFTER REFERRED TO AS CIT(A)) DATED 27.4.2017 RELATING TO ASSESSMENT YEAR 2013-14. 2. COMING TO THE MERITS OF THE CASE, BOTH THE LD. REPRESENTATIVES OF THE PARTIES HAVE FAIRLY AGREED T HAT THE ISSUE ADDRESSED IN THE PRESENT APPEAL IS IDENTICAL TO WHAT HAS BEEN DECIDED BY THE CO-ORDINATE BENCH IN ITA NO . 798/CHD/2012 IN THE CASE OF HYCRON ELECTRONICS VS I TO. 3. THE RELEVANT FACTS OF THE CASE ARE THAT THE ASSE SSEE FIRM DERIVES INCOME FROM MANUFACTURING OF FAN PARTS VIZ MOTOR STAMPINGS AND STATOR. THE ASSESSEE FIRM START ED ITS MANUFACTURING ACTIVITY ON 13.1.2006 AND THE INITIAL ASSESSMENT YEAR FOR CLAIM OF DEDUCTION U/S 80IC OF THE 2 INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS ASSES SMENT YEAR 2006-07. THE ASSESSEE HAS ALREADY CLAIMED DEDU CTION UNDER SECTION 80IC OF THE ACT TO THE EXTENT OF 100% ELIGIBLE PROFIT FOR FIVE YEARS PERIOD FROM ASSESSM ENT YEAR 2006-07 TO 2010-11. THE ASSESSEE HAD AGAIN CLAIMED 100% DEDUCTION AGAINST ELIGIBLE PROFIT IN THE RELEV ANT ASSESSMENT YEAR 2013-14, WHICH WAS 8 TH YEAR OF PRODUCTION BY CLAIMING SUBSTANTIAL EXPANSION OF THE UNIT IN ASSESSMENT YEAR 2011-12. RELYING UPON THE AFORE SAID DECISION OF THE ITAT IN THE CASE OF HYCRON ELECTRON ICS (SUPRA), THE CLAIM WAS REJECTED BY THE LOWER AUTHOR ITIES. IN THE AFOREMENTIONED PECULIAR FACTS AND CIRCUMSTAN CES, SINCE THE ISSUE ON FACTS AND LAW IS IDENTICAL AND W E FIND THE SUBMISSIONS TO BE CORRECT; ACCORDINGLY, RESPECT FULLY FOLLOWING THE PRECEDENT, THE APPEAL OF THE ASSESSEE IS REJECTED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.11.2017. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GA RG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 14 TH NOVEMBER, 2017 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH 3