ITO, CHENNAI V. Atlas Metal Processors Pvt Ltd, CHENNAI

ITA 1503/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96213 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 23-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR B NISCHAL
• Assessee Lawyers: M KARUNAKARAN
• Section: 260A; 10B; 10

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI ... , ! ' #, % &' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ./ ITA NOS.1502 & 1503/MDS/2015 ) *) / ASSESSMENT YEARS : 2010-11 & 2011-12 THE INCOME TAX OFFICER, CORPORATE WARD 1(1), CHENNAI - 600 034. V. M/S ATLAS METAL PROCESSORS PVT. LTD., 173/3, OLD MAHABALIPURAM ROAD, NEHRU NAGAR, CHENNAI - 600 119. PAN : AAACA 7401 Q (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : DR. B. NISCHAL, JCIT ./,- 0 1 / RESPONDENT BY : SH.M. KARUNAKARAN, ADVOCATE 2 0 3% / DATE OF HEARING : 05.10.2015 45* 0 3% / DATE OF PRONOUNCEMENT : 09.10.2015 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: BOTH THE APPEALS OF THE REVENUE ARE DIRECTED AGAI NST THE TWO INDIVIDUAL ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) 2 I.T.A. NOS.1502 & 1503/MDS/15 1, CHENNAI, DATED 23.03.2015, FOR THE ASSESSMENT YEARS 2010-11 AND 2011-12. SINCE COMMON ISSUE ARISES FOR CONSIDE RATION IN BOTH THE APPEALS, WE HEARD THE APPEALS TOGETHER AND DISP OSING OF BY THIS COMMON ORDER. 2. DR. B. NISCHAL, THE LD. DEPARTMENTAL REPRESENTAT IVE, SUBMITTED THAT THE ONLY ISSUE ARISES FOR CONSIDERAT ION IS WITH REGARD TO DEDUCTION UNDER SECTION 10B OF THE INCOME-TAX AC T, 1961 (IN SHORT 'THE ACT'). REFERRING TO THE ORDER OF THIS T RIBUNAL IN ASSESSEE'S OWN CASE FOR ASSESSMENT YEARS 2006-07 AND 2008-09, THE LD. D.R. SUBMITTED THAT THIS TRIBUNAL ALLOWED THE CLAIM OF T HE ASSESSEE UNDER SECTION 10B OF THE ACT. IN FACT, THE CIT(APPEALS), BY FOLLOWING THE ORDER OF THIS TRIBUNAL, FOR ASSESSMENT YEARS 2006-0 7 AND 2008-09, IN ASSESSEE'S OWN CASE, DIRECTED THE ASSESSING OFFI CER TO ALLOW DEDUCTION UNDER SECTION 10B OF THE ACT AS A NEW UNI T. THE REVENUE HAS ALREADY FILED AN APPEAL BEFORE THE HIGH COURT UNDER SECTION 260A OF THE ACT. 3. WE HEARD SHRI M. KARUNAKARAN, THE LD.COUNSEL FOR THE ASSESSEE. ACCORDING TO THE LD. COUNSEL, THIS TRIBU NAL EXAMINED THE ISSUE AND FOUND THAT THE ASSESSEE HAD COMMENCED ITS EXPORT OPERATION IN THE EARLIER ASSESSMENT YEAR AND ALLOWE D THE CLAIM OF 3 I.T.A. NOS.1502 & 1503/MDS/15 THE ASSESSEE FOR DEDUCTION UNDER SECTION 10B OF THE ACT, FOR THE ASSESSMENT YEARS 2006-07 AND 2008-09. THE CIT(APPE ALS), BY FOLLOWING THE ORDER OF THIS TRIBUNAL, ALLOWED THE C LAIM OF THE ASSESSEE. THEREFORE, A MERE PENDENCY OF APPEAL BEF ORE THE HIGH COURT, CANNOT BE A REASON TO TAKE A CONTRADICTORY V IEW. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL ON RECORD. ADMITTEDL Y, THIS TRIBUNAL EXAMINED THE ISSUE FOR DEDUCTION UNDER SECTION 10B OF THE ACT, FOR THE ASSESSMENT YEARS 2006-07 AND 2007-08, IN I.T.A. NOS.1307 AND 1308/MDS/2013 DATED 22.11.2013. THIS TRIBUNAL FOUN D THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION UNDER SECTION 10 B OF THE ACT. THE CIT(APPEALS) HAS FOLLOWED THE ORDER OF THIS TRI BUNAL. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT MERE PEN DENCY OF APPEAL BEFORE THE HIGH COURT CANNOT BE A REASON TO TAKE A DIFFERENT VIEW. IT IS NOT THE CASE OF THE REVENUE THAT THE ORDER OF TH IS TRIBUNAL IS STAYED BY THE HIGH COURT. IN THOSE CIRCUMSTANCES, THIS TRIBUNAL DO NOT FIND ANY INFIRMITY IN THE ORDERS OF THE CIT(APP EALS). 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE ARE DISMISSED. 4 I.T.A. NOS.1502 & 1503/MDS/15 ORDER PRONOUNCED ON 9 TH OCTOBER, 2015 AT CHENNAI. SD/- SD/- ( ! ' # ) ( ... ) (CHANDRA POOJARI) (N.R.S. GANESAN) % / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 9 TH OCTOBER, 2015. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A) 4. 2 ;3 /CIT 5. 9< .3 /DR 6. ) = /GF.