Assistant Commissioner Of Income Tax, Circle - 3(1), Hubballi V. M/s. VRL Logistics Limited, Hubballi

ITA 1412/BANG/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3124 (ITAT-BANGALORE)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-03-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 11-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revised return
• Section: 143(3); 142(1); 250; 80IA; 201; 143(2); 207

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES A BENCH: BANGALORE BEFORE SHRI A.K. GARODIA , ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.1412 /BANG/2019 (ASSESSMENT YEAR: 201 4 - 15 ) ASST. COMMISSIONER OF INCOME TAX , CIRCLE 3(1), HUBLI. .APPELLANT VS. M/S. VRL LOGISTICS LTD., VARUR, POST CHABBI, HUBLI - 581 207 RESPONDENT. ASSESSEE BY: SMT. SHEETAL BORKAR, ADVOCATE. REVENUE BY: MS. NEERA MALHOTRA, CIT (D.R) DATE OF HEARING : 04.03 .20 20 DATE OF PRONOUNCEMENT : 11 .03 .20 20 O R D E R PER SHRI PAVAN KUMAR GADALE, JM : THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER O F INCOME TAX (APPEALS) - 12, HUB LI PASSED UNDER SECTION 143(3) AND 250 OF THE INCOME TAX ACT, 1961 ('THE ACT'). 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : 2 ITA NO. 1412/BANG/2019 3 . THE BRIEF FACTS OF THE CASE ARE. THE ASSESSEE COMPANY IS ENGAGED IN THE BUSIN ESS OF TRANSPORTATION OF GOODS, COURIER SERVICE, PASSENGER TRAVEL AND WIND POWER GENERATION OF ELECTRICITY AND FILED THE RETURN OF I NCOME FOR THE ASSESSMENT YEAR 2014 - 15 O N 26.0 9.2014. SUBSEQUENTLY, REVISED RETURN WAS FILED DECLARING 3 ITA NO. 1412/BANG/2019 TOTAL INCOME OF RS.40,41,69,090 / - ,AND THE CASE WAS SELECTED FOR SCRUTINY , AND NOTICE UNDER SECTION 143(2) AND 142(1) OF THE ACT WERE ISSUED. IN COMPLIANCE, THE LEARNED AUTHORIZED REPRESENTATIV E APPEARED FROM TIM E TO TIME AND THE CASE WAS DISCUSSED WHEREAS,T HE ASSESSING O FFICER FIND THAT THE ASSESSEE HAS CLAIMED DEDUCTION UNDER SECTION 80IA OF THE ACT A ND VERIFIED THE AUDIT REPORT IN RESPECT OF DEDUCTION. BUT, THE ASSESSING OFFICER HAS DENIED THE DEDUCTION U NDER SECTION 80IA OF THE ACT ON THE CARBON CREDIT RECEIPTS AND PASSED THE ORDER UNDER SECTION 143(3) OF THE ACT DT.30.12.2016. AGGRIEVED BY THE ORDER, THE ASSESSEE HAS FILED AN APPEAL WITH THE CIT(APPEALS). WHE REAS, THE CIT(APPEALS) CONS IDERING THE GROUNDS OF APPEAL, FINDINGS OF THE ASSESSING OFFICER AND SUBMISSIONS OF THE ASSESSEE , RELYING ON THE DECISION OF CO - O RDINATE BENCH OF THE TRIBUNAL IN ASSESSEE OWN CASE (ITA NO .2783/BANG/2017 DT.5.9.2018) HAS GRANTED R ELIEF AND ALLOWED THE APPEAL OF THE ASSESSEE. AGGRIEVED BY THE ORDER OF CIT(APPEALS), THE REVENUE HAS FILED APPEAL BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING, THE LD. DR SUBMITTED THAT THE CIT ( APPEALS) HAS ERRED IN GRANTING RELIEF IRRESPECTIVE OF THE FACT THAT THE DECISION RELIED ON BY THE CIT ( APPEALS) HAS BEEN CHALLENGED AT HIGHER FORUM S BY THE REVENUE. WHEREAS THE LEARNED AUTHORIZED REPRESENTATIVE SUPPORTED THE ORDERS OF THE CIT(APPEALS) RELY ING ON THE ASSESSEE OWN CASE FOR T HE A.Y. 2013 - 14.WE FOUND THE LD 4 ITA NO. 1412/BANG/2019 CIT(APPEALS) HAS DEALT ON THE DISPUTED ISSUE AT PAGE 3 PARAS 5 & 6 OF THE ORDER AND GRANTED RELIEF WHICH IS READ AS UNDER : 5. THE LEARNED DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROV ERT THE OBSERVATIONS OF THE CIT(APPEALS) WITH ANY NEW OR COGENT MATERIAL. ACCORDINGLY, WE ARE NOT INCLINED TO INTERFERE WITH THE ORDER OF CIT(APPEALS) AND UPHOLD THE SAME AND DISMISSED THE GROUNDS OF APPEAL OF REVENUE. 5 ITA NO. 1412/BANG/2019 6. IN THE RESULT, THE REVENUES A PPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. S D / - S D / - ( A.K. GARODIA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 1 .03 . 20 20 . *REDDY GP COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE