ACIT, Bangalore V. Shri. V. Santhosh, Bangalore

ITA 128/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8648 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-06-2017
• Assessment Year: misc
• Appeal Filed On: 04-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAMALADHAR SD
• Assessee Lawyers: K R VASUDEVAN
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BANGALORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER [ M P NO. 128 /B/2016 (IN ITA NO.54/B/2015)] (ASSESSMENT YEAR: 20 09 - 1 0 ) THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(1), BENGALURU. APPELLANT VS. M/S. SAINT GOBAIN CRYSTALS & DETECTORS (INDIA) LTD. SY. NO. 171/2, MARUTHI INDL. ESTATE, HOODI RAJAPALYA, WHITEFIELD MAIN ROAD, BENGALURU 560 048. PAN:AA ACB6794R RESPONDENT APP ELLANT BY : SHRI. KAMALADHAR, SD. COUNSEL RESPONDENT BY : SHRI. K. R. VASUDEVAN, ADVOCATE DATE OF HEARING : 1 3 / 0 1/201 7 DATE OF PRONOUNCEMENT : 23 / 0 1/201 7 O R D E R PER VIJAY PAL RAO, JUDICIAL MEMBER BY WAY OF THIS PETITION, THE REVENUE IS SEEKING REC TIFICATION OF MISTAKE IN THE ORDER DATED 19.02.2016 OF THIS TR IBUNAL. 2. WE HAVE HEARD THE LEARNED DR AS WELL AS LEARNED AR AND CAREFULLY PERUSED THE RELEVANT RECORD. THE GRIEVAN CES OF THE REVENUE IN THIS MISCELLANEOUS APPLICATION IS REGARD ING THE DECISION MP NO. 128/B/2016 (IN ITA NO.54/B/2015) PAGE 2 OF 4 OF THE TRIBUNAL IN RESPECT OF CLAIM OF DEDUCTION UN DER SECTION 10B, WHICH WAS ALLOWED BY FOLLOWING THE DECISION FOR THE AY 2007-08 AS WELL AS FOR THE AYS 2003-04 AND 2004-05. THE LEA RNED DR HAS SUBMITTED THAT SINCE THE ASSESSEE HAS ALREADY AVAIL ED 10 YEARS HOLIDAY PERIOD WHICH EXPIRED IN THE AY 2006-07, THE REFORE IS NOT ENTITLED FOR DEDUCTION UNDER SECTION 10B FOR THE AY UNDER CONSIDERATION I.E., 2009-10. ON THE OTHER HAND, TH E LEARNED AR HAS POINTED OUT THAT THERE WAS NO SUCH ISSUE INVOLV ED IN THE REVENUES APPEAL AS THIS CLAIM OF DEDUCTION UNDER S ECTION 10B WAS CLAIMED BY THE ASSESSEE IN RESPECT OF UNIT NO. 2, A ND THE AO DISALLOWED THE CLAIM ON THE GROUND THAT THE ASSESSE E HAS NOT BEEN MANUFACTURING AND EXPORTING THE INSTRUMENTS AN D APPARATUS. HE HAS REFERRED TO PARA 4.2 OF THE ASSE SSMENT ORDER IN SUPPORT OF HIS CONTENTION AND SUBMITTED THAT THE AO HIMSELF HAS ACCEPTED THAT THIS IS 4 TH YEAR OF CLAIM. THUS THE LEARNED AR HAS SUBMITTED THAT THIS ISSUE OF EXPIRY OF HOLIDAY PERIOD DOES NOT ARISE AS IT WAS NOT OBJECTED BY THE AO HIMSELF. 3. HAVING CONSIDERED THE RIVAL SUBMISSION AND RELEV ANT MATERIAL ON RECORD, WE FIND THAT THE AO WHILE DEALI NG WITH THIS ISSUE HAS NOTED IN PARA 4.2 AS UNDER: AS SEEN FROM FORM-56G SUBMITTED AT COL. 8 OF THE FORM, IT IS MENTIONED THAT IT IS 4 TH YEAR OF CLAIMING DEDUCTION U/S. 10B. WHEREAS, IT SHOULD BE ACTUALLY THE 5 TH ASST. YEAR FOR WHICH THE DEDUCTION U/S. 10B IS MP NO. 128/B/2016 (IN ITA NO.54/B/2015) PAGE 3 OF 4 CLAIMED AFTER TAKING INTO CONSIDERATION 10/6/2004, BEING THE DATE OF COMMENCEMENT OF THE UNIT. THE ASSESSEE COMPANY IS REGISTERED AS AN 100% EXPORT ORIENTED UNIT BASED AT NO. 171/2, MARUTHI INDUSTRIA L ESTATE, HOODAY VILLAGE, RAJAPALYA, WHITEFIELD MAIN ROAD, BANGALORE 48 AND STATED TO HAVE BEEN MANUFACTURING AND EXPORTING INSTRUMENTS AND APPARATUS FOR MEASURING AND DETECTING IONIZING RADIATORS AND CLAIMED A DEDUCTION OF RS.4,84,28,512 /- U/S 10B IN VIEW OF ITS ITEMS MANUFACTURED FROM THIS UNIT. 4. IT IS MANIFEST FROM THE FACTS RECORDED BY THE AO THAT THIS IS 4 TH YEAR OF CLAIM AND THEREFORE THIS ISSUE OF EXPIRY O F HOLIDAY PERIOD DOES NOT EMANATE FROM THE ORDERS OF THE AUTH ORITIES BELOW AND CONSEQUENTLY THERE WAS NO QUESTION OF ADJUDICAT ING THE SAID ISSUE IN THE APPEAL OF THE REVENUE. HENCE IN THE F ACTS AND CIRCUMSTANCES OF THE CASE AS DISCUSSED ABOVE, WE DO NOT FIND ANY SUBSTANCE OR MERITS IN THE MISCELLANEOUS PETITION F ILED BY THE REVENUE. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 RD JANUARY , 2017. SD/- (S. JAYARAMAN) SD/- (VIJAY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : BANGALORE DATED :23/1/2017 /NS/ MP NO. 128/B/2016 (IN ITA NO.54/B/2015) PAGE 4 OF 4 COPY TO : 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE