Flex Foods Ltd., New Delhi V. ACIT, New Delhi

ITA 1328/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2728 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 09-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI R. S. SYAL, VICE PRESIDENT AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.1328/DEL/2015 ASSESSMENT YEAR : 2011-12 FLEX FOODS LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOSH ENCLAVE, GREATER KAILSAH-1, NEW DELHI. VS. ACIT, CENTRAL CIRCLE- 27, NEW DELHI. PAN : AAACF0108K (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M. P. RASTOGI, ADV. DEPARTMENT BY : MS. ASHIMA NEB, SR. DR DATE OF HEARING : 27-03-2018 DATE OF PRONOUNCEMENT : 28-03-2018 O R D E R PER R. S. SYAL, VP : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-29, NEW DELHI ON 15.01.2015 IN RELATION TO T HE ASSESSMENT YEAR 2011-12. 2. THE ONLY ISSUE IN THIS APPEAL IS AGAINST NOT ALL OWING DEDUCTION U/S 80-IC OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED TH E ACT) ON SUBSIDY AMOUNTING TO RS.1,72,84,206/-. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. IT IS FOUND THAT SIMILAR ISSUE ABOUT ALLOWING DEDUCTION U/S 80IC IN RESPECT OF SIMILAR SUBSIDY CAME UP FOR CONS IDERATION BEFORE THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 200 9-10 AND 2010-11. VIDE 2 ITA NO.1328/DEL/2015 ORDER DATED 21.11.2016, THE TRIBUNAL IN ITA NOS. 34 6 & 347/DEL/2014, HAS SENT THE MATTER BACK TO THE FILE OF ASSESSING OFFICER FO R DECIDING IT AFRESH. A COPY OF SUCH ORDER IS AVAILABLE IN THE PAPER BOOK. SIMILAR VIEW HAS BEEN TAKEN BY THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO.615/DEL/2 016 ORDER DATED 23.03.2018 FOR THE ASSESSMENT YEAR 2012-13. RESPECT FULLY FOLLOWING THE PRECEDENT, WE SET ASIDE THE IMPUGNED ORDER ON THIS SCORE AND REMIT THE MATTER TO THE FILE OF ASSESSING OFFICER FOR CONSIDERING THE A SSESSEES CLAIM OF DEDUCTION U/S 80IC ON THE AMOUNT OF SUBSIDY IN THE LIGHT OF T HE DIRECTIONS GIVEN BY THE TRIBUNAL IN EARLIER YEARS. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF MARCH, 2018. SD/- SD/- (SUCHITRA KAMBLE) (R. S. SYAL) JUDICIAL MEMBER VICE PRESIDENT DATED: 28-03-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI