The ACIT, Circle-2, RAJKOT-GUJARAT V. M/s Jaydeep Cotton Fibres Pvt. Ltd., RAJKOT-GUJARAT

ITA 1117/RJT/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7327 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 26-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: J C RANPURA
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) I.T.A. NO.1117/RJT/2009 (ASSESSMENT YEAR 2006-07) ACIT, CIR.2 VS JAYDEEP COTTON FIBERS PVT LTD RAJKOT 213, PLENARY ARCADE GONDAL ROAD, RAJKOT PAN : AAACJ5374P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AVINASH KUMAR RESPONDENT BY : SHRI JC RANPURA O R D E R PER N.R.S. GANESAN, JM THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A)-III, RAJKOT DATED 08-09-2009 AND PERTAINS TO ASSESSMENT YEAR 2006-07. 2. THE ONLY ISSUE FOR CONSIDERATION IS DEDUCTION U/ S 80-IB OF THE ACT. DURING THE COURSE OF HEARING THE LD.DR AND THE LD. COUNSEL FOR THE ASSESSEE FAIRLY CONCEDED THAT THIS ISSUE WAS CONSIDERED IN THE ASSE SSEES OWN CASE FOR ASSESSMENT YEAR 2005-06 AND IT WAS FOUND THAT GINNI NG AND PRESSING IS A MANUFACTURING AND PROCESSING INDUSTRY. ACCORDINGLY , BY FOLLOWING THE JUDGMENT OF THE GUJARAT HIGH COURT IN THE CASE OF CIT VS LAK HTAR COTTON PRESS CO (PVT) LTD 142 ITR 503 (GUJ) WHEREIN IT WAS HELD THAT GINNING OF COTTON IS A MANUFACTURING PROCESS. THE LD. REPRESENTATIVE OF THE ASSESSEE HA S PRODUCED A COPY OF THE ORDER OF THIS TRIBUNAL IN ITA NO.522/RJT/08 FOR ASS ESSMENT YEAR 2005-06 ORDER DATED 11-06-2010. WE HAVE ALSO CAREFULLY GONE THRO UGH THE DECISION OF THIS TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSM ENT YEAR 2005-06. THE TRIBUNAL FOUND THAT THE ASSESSEE IS AN ELIGIBLE IND USTRIAL UNDERTAKING FOR CLAIMING DEDUCTION U/S 80IB OF THE ACT. ONCE THE ISSUE WAS DECIDED IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2005-06 AND AS BOTH TH E REPRESENTATIVE FOR THE ITA NO.1117/RJT/2009 2 ASSESSEE AS WELL AS THE DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ISSUE IS COVERED BY THE ORDER OF THIS TRIBUNAL FOR THE ASSES SMENT YEAR 2005-06, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LOWER AUTHOR ITY. ACCORDINGLY, THE SAME IS CONFIRMED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31-03-2011. SD/- SD/- (A.L. GEHLOT) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT : 31 ST MARCH, 2011 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-III, RAJKOT 4. THE CIT-II, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT