ACIT Range 1, V. Wazirchand Handicrafts Moradabad,

ITA 1093/DEL/2007

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 8550 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2009
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 06-03-2007
• Court: TRIBUNAL
• Department Lawyers: M MOHSIN ALAM
• Assessee Lawyers: P K MISHRA
• Keywords: Set aside
• Section: 80HHC; 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA : VICE PRESIDENT; A ND SRHI D.R. SINGH : JUDICIAL MEMBER ITA NOS. 1093/DEL/07 & 2018/DEL/08 ASSTT. YRS: 2003-04 & 2004-05 DCIT RANGE-1, VS. M/S WAZIR CHAND HANDICRAFTS, MORADABAD. KOTHIWAL NAGAR, MORADABAD. PAN/GIR NO. AAAFW2553L ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI M. MOHSIN ALAM DR RESPONDENT BY : SHRI P.K. MISHRA & SHRI NIRAJ JAIN ADVOCATES O R D E R PER G.E. VEERABHADRAPPA, V.P: THESE ARE APPEALS FILED BY THE REVENUE AGAINST SEP ARATE ORDERS OF CIT(A)-BAREILLY, FOR A.Y. 2003-04 AND 2004-05. BOTH THE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY A COMMO N ORDER FOR THE SAKE OF CONVENIENCE. 2. IN A.Y. 2003-04 THE ONLY EFFECTIVE GROUND RAIS ED IS AS UNDER: THAT THE LD. COMMISSIONER OF INCOME TAX (APPEAL) H AS ERRED IN LAW AND ON THE FACTS OF THE CASE IN DIRECTING TO ALLOW THE DEDUCTION U/S 80HHC & 80IB ON GROSS TOTAL INCOME SE PARATELY, WHICH IS NOT AS PER PROVISION OF SECTION 80IA(9) OF I.T. ACT, 1961. ALMOST IDENTICAL GROUND IS THERE FOR A.Y. 2004-05. 3. THE LEARNED COUNSEL FOR THE ASSESSEE, WHO APPEAR ED, FAIRLY ADMITTED THAT THE ISSUE RAISED IN THESE APPEALS HAS BEEN DEC IDED AGAINST THE ASSESSEE AND IN FAVOUR OF THE REVENUE BY THE ITAT SPECIAL B ENCH, CONSTITUTING OF FIVE MEMBERS, IN THE CASE OF M/S HINDUSTAN MINT & A GRO PRODUCTS PVT. LTD. IN ITA NOS. 1537 TO 1539/DEL/07 FOR A.Y. 2001-002, 2003-04 & 2004-05, DATED 23-6-2009. THEREIN THE SPECIAL BENCH HAS HELD THAT RESTRICTION IMPOSED BY SUB-SECTION (9) OF SECTION 80-IA IS TO BE READ IN ALL THE PROVISIONS OF CHAPTER VI-A AND IT IS NOT POSSIBLE T O IGNORE THE RESTRICTION THAT PROFIT AND GAINS CLAIMED AND ALLOWED AS EXEMPT UNDE R SUB-SECTION (9), TO THE EXTENT ALLOWED, CANNOT BE ALLOWED UNDER ANY OTHER P ROVISION OF CHAPTER C. IN THE LIGHT OF THE AFORESAID CASE OF THE SPECIAL B ENCH OF THE ITAT, THE ASSESSEES CLAIM DESERVES TO BE REJECTED AND WE DO THE SAME. 5. IN VIEW OF ABOVE, ORDERS OF CIT(A) FOR BOTH THE ASSESSMENT YEARS IN QUESTION ARE SET ASIDE AND THAT OF AO ARE RESTORED. 6. IN THE RESULT, REVENUE S APPEALS ARE ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON ______________. (D.R. SINGH ) ( G.E. VEERABHADRAP PA ) JUDICIAL MEMBER VICE PRESIDENT DATED: _______-07-2009. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR