GOA CARBON LTD, PANAJI V. DCIT CIR 1, PANAJI

ITA 149/PAN/2004

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48758 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 09-08-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAVAN KUMAR
• Keywords: Question of law; Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A,MUMBAI BEFORE SHRI R.S. SYAL (AM) & SHRI V. DURGA RAO (JM ) I.T.A.NO. 146/PNJ/2004 : A.Y. 1995-96 I.T.A. NO.147/PNJ/2004 : A.Y. 1997-98 I.T.A.NO. 148/PNJ/2004 : A.Y. 1998-99 I.T.A.NO. 149/PNJ/2004 : A.Y. 2000-01 I.T.A.NO. 42/PNJ/1998 : A.Y. 1993-94 I.T.A.NO. 57/PNJ/1999 : A.Y. 1994-95 M/S. GOA CARBON LTD., DEMPO HOUSE, CAMPAL, PANAJI, GOA-403 001. VS. DY.COMMR. OF INCOME-TAX(ASSTT.), SPL.RANGE, PANAJI APPELLANT RESPONDENT APPELLANT BY MR. MIHIR NANIWADEKAR. RESPONDENT BY MR. SH RAVAN KUMAR. O R D E R PER BENCH : THESE APPEALS HAVE BEEN PLACED BEFORE US FOR HEARI NG BY THE REGISTRY ON THE GROUND THAT THE HONBLE BOMBAY HIGH COURT HAS R EMANDED THESE APPEALS TO THE TRIBUNAL. 2. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSE SSEE PLACED ON RECORD A COPY OF THE JUDGMENT DATED 21-10-2010 PASSED BY THE HONBLE BOMBAY HIGH COURT IN THE ABOVE CASES. FROM THE ABOVE JUDGMENT, IT IS SEEN THAT THE DECISION TAKEN BY THE TRIBUNAL IN NOT ALLOWING DEDUCTION U/S .80HHC ON EXPORT OF CALCINED PETROLEUM COKE IN ALL THE YEARS UNDER CONSIDERATION HAS BEEN REVERSED. PARA 15, WHICH IS THE CONCLUDING PARA IN THIS JUDGMENT, IS R EPRODUCED AS UNDER : 15. FROM THESE REASONS, WE ARE OF THE VIEW THAT TH E ITAT WAS NOT RIGHT IN HOLDING THAT THE CALCINED PETROLEUM COKE M ANUFACTURED BY THE APPELLANT WAS A MINERAL OIL WITHIN THE MEANIN G OF SECTION 80 HHC (2) (B) OF THE ACT. THE QUESTION OF LAW ACCORDI NGLY IS ANSWERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. THE DECISION OF THE ITAT CONFIRMING THE ORDER OF THE COMMISSIONER O F INCOME TAX AS ITA NOS.146 TO 149/PNJ/04, 42/PNJ/98 & 57/PNJ/99 GOA CARBON LTD. 2 ALSO THE JUDGMENT AND ORDER OF THE COMMISSIONER OF INCOME TAX DATED 4 TH MARCH, 1998 UNDER SECTION 263(1) OF THE INCOME TAX ACT, 1961 ARE QUASHED AND SET ASIDE. FROM THE ABOVE PARA, IT CAN BE SEEN THAT THE HONBL E BOMBAY HIGH COURT HAS ANSWERED THE QUESTION ON THE ALLOWABILITY OF DEDUCT ION U/S.80HHC ON CALCINED PETROLEUM COKE IN ASSESSEES FAVOUR AND AGAINST THE REVENUE. THE MATTER HAS BEEN FINALLY DECIDED BY THE HONBLE BOMBAY HIGH COU RT AND THERE IS NO RESTORATION TO THE TRIBUNAL FOR PASSING ANY ORDER. 3. THE LD. D.R. ALSO WENT THROUGH THE JUDGMENT OF THE HONBLE BOMBAY HIGH COURT AND FAIRLY CONCEDED THAT THE MATTER HAS BEEN DECIDED BY THE HONBLE HIGH COURT IN ASSESSEES FAVOUR. 4. IN VIEW OF THE FOREGOING DISCUSSION, IT IS CLEAR THAT THE HONBLE BOMBAY HIGH COURT HAS FINALLY DECIDED THE ISSUE OF ALLOWIN G DEDUCTION U/S.80HHC ON CALCINED PETROLEUM COKE IN ASSESSEES FAVOUR AND TH ERE IS NO RESTORATION OF THE MATTER TO THE TRIBUNAL FOR ANY FRESH DECISION. THUS , THE PRESENT ROUND OF PROCEEDINGS BY WAY OF FIXATION OF THESE APPEALS, H AS BECOME INFRUCTUOUS AND ALL THE APPEALS DESERVE TO BE AND ARE HEREBY ALLOWED IN CONFORMITY WITH THE JUDGMENT OF THE HONBLE BOMBAY HIGH COURT. 5. IN THE RESULT, THE APPEALS ARE DISPOSED OF IN AB OVE TERMS. ORDER PRONOUNCED ON THE 11TH DAY OF MAY , 2011 . SD/- SD/- ( V. DURGA RAO) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 11TH MAY , 2011. NG: COPY TO : ITA NOS.146 TO 149/PNJ/04, 42/PNJ/98 & 57/PNJ/99 GOA CARBON LTD. 3 1. DEPARTMENT. 2.ASSESSEE. 3 CIT(A), PANAJI, GOA. 4 CIT,PANAJI. 5.DR,A BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. ITA NOS.146 TO 149/PNJ/04, 42/PNJ/98 & 57/PNJ/99 GOA CARBON LTD. 4 DETAILS DATE INITIALS DESIGN ATION 1. DRAFT DICTATED ON 04-05-11 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 04-05-11 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER *