DCIT,Circle-2, Kolkata, Kolkata V. M/s. Amrit Hatcheries(P)Ltd, Kolkata

ITA 1310/KOL/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70459 (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.1310/KOL/2012 ASSESSMENT YEAR : 2009-10 DCIT, CIRCLE-2, KOLKATA .. ( APPELLANT) -VS- M/S. AMRIT HATCHERIES (P) LT D. .. ( RESPONDENT ) 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, AT THE TIME OF HEARING, LD. COUNS EL OF THE ASSESSEE SUBMITTED THAT THE ISSUE RAISED IN REVENUES APPEAL IS COVERED BY THE ORDER OF THIS TRIBUNAL IN ITA NO.748/KOL/2008 FOR ASSESSMENT YEAR 2005-06 IN ASSE SSERES OWN CASE BY ORDER DATED 07.08.2008 AND IN ITA NO.1263/KOL/2007 BY THE ORDER DATED 09.09.2009 FOR THE ITA NO.1310/K/12 M/S.AMRIT HATCHERIES (P) LTD. 2 ASSESSMENT YEAR 2006-07. THE LD. D.R. COULD NOT CON TROVERT THE ABOVE SUBMISSION OF THE LD. COUNSEL OF THE ASSESSEE. 4. WE HAVE HEARD BOTH THE COUNSELS AND PERUSED RECO RDS. WE FIND THAT THE ISSUE INVOLVED IN THIS CASE PERTAINS TO ASSESSEES CLAIM OF DEDUCTION UNDER SECTION 80IB AS MENTIONED HEREINABOVE. THE ISSUE IS SQUARELY COVERE D IN FAVOUR OF THE ASSESSEE BY THE TRIBUNALS DECISION AS CITED ABOVE IN ASSESSEES OW N CASE. NO CONTRARY DECISION WAS POINTED OUT BEFORE US. HENCE, THE FACTS BEING IDENT ICAL, RESPECTFULLY FOLLOWING THE DECISION AS ABOVE, WE UPHOLD THE ORDER OF THE LD. C IT(A). THEREFORE, GROUNDS RAISED BY THE REVENUE ARE DISMISSED. 5. 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 COPY OF THE ORDER FORWARDED TO: 1. M/S. AMRIT HATCHERIES (P) 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.) ITA NO.1310/K/12 M/S.AMRIT HATCHERIES (P) LTD. 3