M/s. Anand Food & Dairy Products, Anand V. The Dy. Commissioner of Income Tax, Anand Circle, Anand

ITA 1310/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9148 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 21-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: PIYUSH AGARWAL
• Section: 201; 13

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ ITA NO. 1310/AHD/2018 / ASSESSMENT YEAR: 2014-15 M/S.ANAND FOOD & DAIRY PRODUCTS CHIKHODRA-SARSA ROAD CHIKHODRA 388 320 PAN : AAEFA 0212 E VS DCIT, ANAND CIRCLE ANAND. / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI PIYUSH AGARWAL, AR REVENUE BY : SHRI L.P. JAIN, SR.DR / DATE OF HEARING : 10/01/2020 /DATE OF PRONOUNCEMENT : 13/01/2020 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST ORDER OF THE LD.CIT(A)- 4, VADODARA DATED 25.1.2018 PASSED FOR THE ASSTT.YEAR 2014-15. 2. SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE LD.CI T(A) HAS ERRED IN CONFIRMING DISALLOWANCE OF DEDUCTION CLAIMED UNDER SECTION 80IB(11A) OF THE ACT. THE LD.COUNSEL FOR THE ASSESSEE AT THE VERY SUBMITTED THAT THE ISSUE IN DISPUTE IS COVERED AGAINST THE ASSESSEE BY ORDER OF THE ITAT PASSED IN ITA NO.2185/AHD/2016 FOR THE ASSTT.YEAR 2 012-13. 3. THE SHORT CONTROVERSY INVOLVED IN THIS CASE IS R EGARDING DETERMINATION OF INITIAL YEAR FROM WHICH IT COULD B E CONSTRUED THAT THE ITA NO.1310/AHD/2018 - 2 - ASSESSEE ENTITLED FOR DEDUCTION UNDER SECTION 80IA. AS PER THE ASSESSEE, THE INITIAL YEAR FOR GRANT OF DEDUCTION WAS ASSESSM ENT YEAR 2005-06, WHEREAS THE REVENUE AUTHORITIES TOOK INITIAL YEAR A S ASSESSMENT YEAR 2002-03. THE DEDUCTION ADMITTEDLY WAS ADMISSIBLE F OR 10 CONSECUTIVE YEARS FROM THE INITIAL YEAR. IN THE ASSTT.YEAR 201 2-13 TRIBUNAL HAS HELD SUCH DEDUCTION AS ADMISSIBLE UPTO ASSTT.YEAR 2011-1 2. PRESENT YEAR IS ASSESSMENT YEAR 2014-15, WHICH IS BEYOND PERIOD OF 10 YEARS. THEREFORE, IN THIS YEAR ALSO DEDUCTION IS NOT ADMISSIBLE TO TH E ASSESSEE. THE LD.REVENUE AUTHORITIES HAVE RIGHTLY DISENTITLED THE ASSESSEE FOR CLAIMING DEDUCTION UNDER SECTION 80IB. IT IS ALSO PERTINEN T TO OBSERVE THAT APPEAL OF THE ASSESSEE IS TIME BARRED BY SIX DAYS, AND NO APPLICATION FOR CONDONATION OF DELAY. WE DO NOT FIND ANY MERIT IN THIS APPEAL. IT IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. PRONOUNCED IN THE OPEN COURT ON 13 TH JANUARY, 2020 SD/- SD/- (WASEEM AHMED) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED, 13/01/2020