The ITO,Vapi Ward-4, Daman V. M/s. Twina Polyplast, Nani Daman

ITA 1452/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85790 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 23-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI ACCOUNTANT MEMBER ITA NO . 1452 /AHD/201 1 A. Y . 200 7 - 0 8 THE I T O , VAPI WARD - 4 , DAMAN . VS M/S. TWINA POLY PLAST UNIT NO.G - 12, CHIRAG INDL. COMPLEX, GOLDEN INDL. ESTATE, DABHEL, NANI DAMAN . PAN: AA DFT 7341L (APPELLANT) (RESPONDENT) REVENUE BY : SHRI B.L. YADAV , SR.D.R . ASSESSEE(S) BY : SMT. URVASHI SODHAN, AR / DATE OF HEARING : 17 / 0 3 /201 5 / DATE OF PRONOUNCEMENT: 20 / 0 3 /201 5 / O R D E R PER: MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF LEA RNED CIT(A) , VALSAD DATED 24 . 0 2 .201 1 AND THE GROUND S RAISED ARE REPRODUCED BELOW: 1. THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN ALLOWING THE DEDUCTION U/S.80IB OF THE ACT STATING THAT DISALLOWANCE OF CLAIM OF DEDUCT ION U/S.80IB OF THE ACT ON THE SOLE GROUND THAT THE ASSESSEE WAS NOT HAVING FACTORY LICENSE BEFORE IT STARTED MANUFACTURING ACTIVITIES IS WITHOUT ANY MERITS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) HAS ERRED IN NOT CONS IDERING THE POINT THAT THE ASSESSEE HAS FAILED TO PROVE THAT IT HAS COMMENCED THE MANUFACTURING ACTIVITY ON OR BEFORE 31.03.2004, AS STIPULATED IN SECTION 80IB OF THE ACT. 2. WHILE PASSING THE ORDER U/S.143(3) DATED 18.12.2009, THE AO HAS MENTIONED THAT THE ASSESSEE FIRM HAS CLAIMED A DEDUCTION U/S.80IB OF ITA NO. 1452 /AHD / 2011 M/S. TWINA POLYPLAST FOR A.Y. 200 7 - 0 8 - 2 - RS.16,41,375/ - . ON PERUSAL OF THE CLAIM, IT WAS FOUND THAT THE LICENSE WAS ISSUED ON 18.11.2004 THEN HE HAS MENTIONED THAT IN THE PAST FOR A.Y.2004 - 05 AND 2006 - 07 ON THAT BASIS THE CLAIM OF DEDUCTION U/ S.80IB WAS DISALLOWED. ON THE SAME LINE AS HAPPENED IN THE PAST , THE CLAIM OF DEDUCTION U/S.80IB WAS DISALLOWED FOR THE YEAR UNDER CONSIDERATION AS WELL. 3. WHEN THE MATTER WAS CARRIED BEFORE THE FIRST APPELLATE AUTHORITY, LEARNED CIT(A) HAS FOLLOWED THE PAST HISTORY AND GRANTED THE CLAIM OF DEDUCTION. 4. WITH THIS FACTUAL BACKGROUND, WE HAVE BEEN INFORMED THAT IN ASSESSEE S OWN CASE FOR A.Y.2005 - 06 AND 2006 - 07 ITAT D BENCH AHMEDABAD IN ITA NO.2776 & 3139/AHD/2010 ORDER DATED 21.11.2014 , THE RESPECTED CO - ORDINATE BENCH HAS FOLLOWED FEW ORDERS OF THE HON BLE HIGH COURT SPECIALLY THE DECISION OF JOLLY POLYMERS (APPEAL NO.1622/HD/2012) ORDER DATED 21 ST FEBRUARY, 2013 AND DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. RESPECTFULLY FOLLOWING OF THOSE DECISIONS AND ALSO THE PAST HISTORY OF THE CASE, WE HEREBY UP HOLD THE VIEW OF LEARNED CIT(A). RESULTANTLY, G ROUND S OF APPEAL ARE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. SD/ - SD/ - ( ANIL CHATURVEDI ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 20 / 0 3 / 20 1 5 PRABHAT KR. KESARWANI , SR. P . S . / COPY OF THE ORDER FORWARDED TO : ITA NO. 1452 /AHD / 2011 M/S. TWINA POLYPLAST FOR A.Y. 200 7 - 0 8 - 3 - 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - III, AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD