M/s. Liberty Shoes Ltd, Karnal V. DCIT, Karnal

ITA 1066/DEL/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5675 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 15-02-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 23-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BK GUPTA
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER & SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO. 1066/DEL/2009 ASSESSMENT YEAR: 2003-04 M/S. LIBERTY SHOES LTD., G.T. ROAD, KARNAL VS. DY. DIRECTOR OF INCOME TAX, KARNAL CIRCLE, KARNAL (APPELLANT) (RESPONDENT) PAN : AAACL 3146 K APPELLANT BY : SH. SATISH KUMAR GOEL, ADVOCATE RESPONDENT BY : SH. B.K. GUPTA, SR. DR O R D E R PER: C.L. SETHI, J.M. THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 25.02.2009 PASSED BY THE LD. CIT(A) IN THE MATTER OF AN ASSESSMENT MA DE BY THE AO U/S. 143(3)/148 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE A.Y. 2003-04. 2. IN THE COURSE OF HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE RAISED ONLY ONE ISSUE ABOUT THE ASSESSEES CLAIM OF DEDUCTION U/S. 80HHC WITH REFERENCE TO DEPB RECEIPT/DUTY DRAWBACK AND PR EMIUM ON IMPORT LICENSES, AND IN THIS RESPECT, HE PLACED RELIANCE U PON THE DECISION OF INCOME TAX APPELLATE TRIBUNAL, SPECIAL BENCH, MUMBAI, IN T HE CASE OF TOPMAN EXPORTS VS. I.T.O. REPORTED IN (2009) 125 TTJ (MUMB AI)(SB) 289. 3. THE LD. DR WAS HEARD IN THE LIGHT OF THE SUBMISS IONS MADE BY THE ASSESSEE. ITA NO. 1066/DEL/2009 PAGE 2 OF 2 4. AFTER CONSIDERING THE ASSESSEES SUBMISSIONS, WE FIND IT FIT TO RESTORE THE MATTER BACK TO THE FILE OF THE AO FOR HIS FRESH DECISION IN THE LIGHT OF THE VIEW TAKEN BY THE SPECIAL BENCH OF INCOME TAX APPEL LATE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS. ITO (SUPRA). THE LD. CO UNSEL FOR THE ASSESSEE HAS ALSO AGREED TO RESTORE THE MATTER BACK TO THE F ILE OF THE AO FOR HIS FRESH ADJUDICATION IN THE LIGHT OF THE DECISION OF SPECIA L BENCH OF INCOME TAX APPELLATE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS . ITO (SUPRA). WE ORDER ACCORDINGLY. NEEDLESS TO MENTION THAT AO SHA LL PROVIDE REASONABLE OPPORTUNITIES OF BEING HEARD TO THE ASSESSEE WHILE DECIDING THE MATTER AFRESH. 5. IN THE RESULT, THE ASSESSEES APPEAL IS PARTLY A LLOWED FOR A STATISTICAL PURPOSE. 6. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 11 TH FEBRUARY, 2010. SD/- ( SHAMIM YAHYA) ACCOUNTANT MEMBER SD/- (C.L. SETHI) JUDICIAL MEMBER DATED: 11 TH FEBRUARY, 2010 *NITASHA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. BY ORDER DEPUTY REGISTRAR