Priya Aqua farms, Hyderabad V. DCIT, Hyderabad

ITA 109/HYD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3362 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2010
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 06-04-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 25-01-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B SANTHIL KUMAR
• Assessee Lawyers: K VASANT KUMAR
• Section: 80HHC; 80HH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBER . ITA NO.109/HYD/10 : ASSE SSMENT YEAR 2001-02 PRIYA AQUA FARMS, GUNTUR. PAN:AACFP 7408F VS DY.CIT, CENT. CIR-7, HYDERABAD. (APPLICANT) (RESPONDENT) APPELLANT BY : SHRI K. VASANT KUMAR RESPONDENT BY : SHRI B. SANTHIL KUMAR O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDE R OF THE CIT (A)-I, HYDERABAD DATED 13-10-2009 AND IT PER TAINS TO THE ASSESSMENT YEAR 2001-02. 2. AT THE OUTSET, WE FIND THAT THE ISSUE RAISED IN THIS APPEAL IS COVERED AGAINST THE ASSESSEE BY THE DECISION OF THE APEX CO URT IN THE CASE OF IPCA LABORATORIES VS. DCIT REPORTED IN 266 ITR 531, THE ASSESSEE WAS NOT ELIGIBLE TO CLAIM DEDUCTION UNDER S. 80HH C OF THE ACT AS A SUPPORTING MANUFACTURER FOR WHICH THE LEARNED COUNSE L FOR THE ASSESSEE DID NOT CONTROVERT THE SAME. UNDER THE CIRCUMSTAN CES, THE CIT (A) IS RIGHT IN CONFIRMING THE DISALLOWANCE OF DEDU CTION UNDER S. 80HHC CLAIMED BY THE ASSESSEE. ACCORDINGLY, WE CONFIRM HIS ORD ER. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DI SMISSED. THE ORDER WAS PRONOUNCED IN THE COURT ON 30-4-2010. SD/- SD/- (G.C. GUPTA) (AKBER BASHA) VICE PRESIDENT ACCOUNTANT MEMBER. DT/- 30 -4-2010. COPY FORWARDED TO: 1. B. NARASINGH RAO & CO., CAS, FLAT NO.610, 6TH FLOOR, BABUKHAN ESTATE, BASHEERBAGH, HYDERABAD. 2. DCIT, CENTRAL CIRCLE-7, HYDERABAD. 3. CIT(A)-I, HYDERABAD. 4. CIT, AP, HYDERABAD. 5. DR, ITAT, HYDERABAD. JMR*