DCIT,Circle-2, Kolkata, Kolkata V. M/s. Amrit Feeds Ltd., Kolkata

ITA 1309/KOL/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70460 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 11-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Assessee Lawyers: D S DAMLE PER SHRI SHAMI
• Section: 143(3); 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI SHAMIM YAHYA, A.M. & SHRI GEORGE MATHA N, J.M. ] I.T.A. NO.1309/KOL/2012 ASSESSMENT YEAR : 2009-10 DCIT, CIRCLE-2, KOLKATA .. ( APPELLANT) -VS- M/S. AMRIT FEEDS LTD. .. ( RESPONDENT ) PAN: AACCA 5571D DATE OF CONCLUDING THE HEARING : 17.12.2013 DATE OF PRONOUNCING THE ORDER : 17.12.2013 APPEARANCES : FOR THE APPELLANT :SHRI P. DAM KANUNJNA, JCIT, SR.DR : FOR THE RESPONDENT :SHRI D.S.DAMLE O R D E R PER SHRI SHAMIM YAHYA, A.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) DATED 18 TH JUNE, 2012 PASSED UNDER SECTION 143(3) OF THE I.T. ACT AND PERTAINS TO THE ASSESSMENT YEAR 2009-10. 2. EFFECTIVE GROUND OF APPEAL READS AS UNDER: 1. THAT ON FACTS AND CIRCUMSTANCES OF THE CASE THE LD CIT(A)-I ERRED IN DELETING THE DISALLOWANCE OF CLAIM OF ASSESSEE U/S. 80IB WITHOUT CONSIDERING THE FACTS THAT NO NEW PRODUCT OF A DIFF ERENT CHEMICAL COMPOSITION OR DIFFERENT INTEGRAL STRUCTURE HAVING DISTINCTIVE OBJECTS IS PRODUCED FROM THE COMPONENT PRODUCTS. 3. AT THE OUTSET, IN THIS CASE THE LD. COUNSEL OF T HE ASSESSEE SUBMITTED THAT SIMILAR ISSUE WAS CONSIDERED IN ASSESSEES OWN CASE BY THIS TRIBUNAL AS FOLLOWS: ITA NO.1309/K/12 M/S.AMRIT FEEDS LTD. 2 ITA NOS. ASSESSMENT YEAR DATE OF ORDER 1505/KOL/07 2003-04 17.08.2007 262/KOL/08 2004-05 10.04.2008 723/KOL/08 2005-06 18.06.2008 1134/KOL/09 2006-07 04.09.2009 THE LD. COUNSEL OF THE ASSESSEE FURTHER FURNISHED C OPIES OF THE AFORESAID ORDERS AND SUBMITTED THAT THE ORDER OF THE LD. CIT(A) BE REAFF IRMED AND REVENUES APPEAL BE DISMISSED. 4. THE LD. D.R., ON THE OTHER HAND, COULD NOT CONTR ADICT THE SUBMISSIONS OF THE LD. COUNSEL OF THE ASSESSEE THAT THE ISSUE IS COVERED I N FAVOUR OF THE ASSESSEE NOR HE COULD CITE ANY CONTRARY DECISION. 5. CONSIDERING THE ABOVE, WE FIND THAT THE ISSUE IN VOLVED IN THIS REVENUES APPEAL IS COVERED IN ASSESSEES FAVOUR BY VIRTUE OF TRIBUN ALS DECISION IN ASSESSEES OWN CASE IN PREVIOUS YEARS CITED ABOVE. THE FACTS BEING IDEN TICAL, WE UPHOLD THE ORDER OF THE LD. CIT(A) 6. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE STANDS DISMISSED. THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 17 TH DECEMBER, 2013. SD/- SD/- (GEORGE MATHAN) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 17 TH DECEMBER, 2013 ITA NO.1309/K/12 M/S.AMRIT FEEDS LTD. 3 COPY OF THE ORDER FORWARDED TO: 1. M/S. AMRIT FEEDS LTD., 158, LENIN SARANI, KOLKATA 700 013 2 DCIT, CIRCLE-2, KOLKATA 3. THE CIT(A), 4. CIT, 5. DR, TRUE COPY, BY ORDER, ASSTT. REGISTRAR , ITAT, KOLKATA TALUKDAR(SR.P.S.)