DCIT, CHENNAI V. M/s. Eagle Apparels Pvt. Limited, CHENNAI

ITA 1534/CHNY/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57894 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-02-2012
• Assessment Year: 1999-2000
• Appeal Filed On: 09-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T N PRAKASH
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B CHENNAI BEFORE SHRI N. S. SAINI, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER .. I.T.A. NO. 1534/MDS/2011 ASSESSMENT YEAR : 1999-2000 THE DEPUTY COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-II(1), CHENNAI. V. M/S. EAGLE APPARELS PVT. LTD., NO. 15, RACE COURSE ROAD, GUINDY, CHENNAI-600 032. (PAN: AAACE1453E) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T.N. PRAKASH, JCIT RESPONDENT BY : SHRI PHILIP GEORGE, ADVOCATE DATE OF HEARING : 06-02-2012 DATE OF PRONOUNCEMENT : 06 -02-2012 O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(APPEALS)-III, CHENNAI IN ITA NO. 382/05-06/A.II I DATED 27-06-2011 FOR THE ASSESSMENT YEAR 1999-2000. 2. SHRI T.N. PRAKASH, LEARNED SR. DR REPRESENTED ON BEHALF OF THE REVENUE AND SHRI PHILIP GEORGE, ADVOCATE REPRESENTED ON BEH ALF OF THE ASSESSEE. I.T.A. NO. 1534/MDS/2011 2 3. IT WAS SUBMITTED BY THE LEARNED AUTHORISED REPRE SENTATIVE THAT THE ONLY ISSUE IN THIS APPEAL WAS AGAINST THE ACTION OF THE LEARNED CIT(A) IN DIRECTING THE ASSESSING OFFICER TO ALLOW DEDUCTION UNDER SECTION 80-IA AND SECTION 80HHC OF THE INCOME TAX ACT, 1961. IT WAS FAIRLY AGREED BY BOTH THE SIDES THAT THE ISSUE WAS COVERED BY THE DECISION OF THE HON'BLE JURISDIC TIONAL HIGH COURT IN THE CASE OF CIT V. M/S. MRF LTD. IN TAX CASE (APPEALS) NO. 102 0 OF 2009 DATED 27-10-2009. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICED THAT THE ISSUE IN THE APPEAL IS SQUARELY COVERED BY THE DECISION O F THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S. MRF LTD., REFERRED T O SUPRA, AND AS IT IS NOTICED THAT THE LEARNED CIT(A) HAS FOLLOWED THE DECISION O F THE HON'BLE JURISDICTIONAL HIGH COURT, THE FINDING OF THE LEARNED CIT(A) ON TH IS ISSUE STANDS CONFIRMED. IN THE CIRCUMSTANCES, THE APPEAL OF THE REVENUE STANDS DISMISSED. 5. THE ORDER WAS PRONOUNCED IN THE COURT ON 06/02/2 012. SD/- SD/- (N. S. SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 06 TH FEBRUARY, 2012. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE