M/s Universal Print O Pack, Solan V. ITO, Baddi

ITA 1445/CHANDI/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8360 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 26-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 80IC; 80IC; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA NO. 1445/CHD/2016 ASSESSMENT YEAR : 2009-10 M/S UNIVERSAL PRINT O PACK, VS THE ITO, CHUNRI ROAD, NEAR GOVT. WATER PUMP, BADDI, KISHANPURA (HP). (H.P.). PAN: AABFU8813G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PARIKSHIT AGGA RWAL RESPONDENT BY : SHRI MANJIT SINGH DATE OF HEARING : 13.02.2017 DATE OF PRONOUNCEMENT : 13.02.2017 O R D E R THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD. CIT(APPEALS) FARIDABAD DATED 13.10.201 6 FOR ASSESSMENT YEAR 2009-10. 2. I HAVE HEARD LD. REPRESENTATIVES OF BOTH THE PAR TIES AND PERUSED THE FINDINGS OF AUTHORITIES BELOW. 3. GROUND NO. 1 IS GENERAL AND NEED NO ADJUDICATION . 4. THE LD. COUNSEL FOR THE ASSESSEE DID NOT PRESS G ROUND NO. 2, SAME IS DISMISSED AS WITHDRAWN. 5. ON GROUND NO. 3, ASSESSEE CHALLENGED THE ORDER O F AUTHORITIES BELOW IN NOT ALLOWING 100% DEDUCTION UN DER SECTION 80IC OF INCOME TAX ACT. 6. THE LD. CIT(APPEALS) NOTED THAT THIS ISSUE HAS A LREADY BEEN ADJUDICATED BY LD. CIT(APPEALS) SHIMLA IN ASSE SSEE'S 2 OWN CASE FOR ASSESSMENT YEAR 2012-13 AND FOLLOWING THE ORDER, DISMISSED THIS GROUND OF APPEAL OF THE ASSES SEE. THE LD. CIT(APPEALS) WHILE QUOTING THE ORDER FOR ASSESS MENT YEAR 2012-13, FOUND THAT ISSUE IS COVERED AGAINST ASSESS EE BY ORDER OF ITAT CHANDIGARH BENCH IN THE CASE OF M/S H YCRON ELECTRONICS VS ITO ( REPORTED IN 41 ITR (CHD) 486 I N WHICH IT WAS DIRECTED THAT ASSESSEE WILL BE ENTITLED FOR DE DUCTION @ 25%. 7. CONSIDERING THE ABOVE, IT IS UNDISPUTED FACT THA T ISSUE IS COVERED AGAINST THE ASSESSEE BY ORDER OF ITAT CH ANDIGARH BENCH IN THE CASE OF M/S HYCRON ELECTRONICS (SUPRA) AS WELL AS IN THE CASE OF ASSESSEE AS NOTED BY LD. CIT(APPE ALS). THE FINDINGS OF A.O. THAT THE BENEFIT OF SUBSTANTIAL EX PENSES IS AVAILABLE ONLY TO EXISTING UNITS THAT EXISTED AND W ERE OPERATIONAL AS ON 07.01.2003, HAVE NOT BEEN CONTEST ED BY ASSESSEE BEFORE LD. CIT(APPEALS). NO INFIRMITY HAV E BEEN POINTED OUT IN THE ORDER OF LD. CIT(APPEALS). 8. IN THIS VIEW OF THE MATTER, APPEAL OF THE ASSESS EE IS ACCORDINGLY DISMISSED ON THIS GROUND. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED: 13 TH FEBRUARY,2017. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT,DR ASSISTANT REGISTRAR, ITAT/CHD