M/s Prem Textiles, V. The JCIT,

ITA 154/IND/2007

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 7021 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2009
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 01-04-2009
• Assessment Year: misc
• Appeal Filed On: 12-02-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Assessee Lawyers: I P RATHI
• Section: 80HHC

Judgement Text

PAGE 1 OF 2 - M. A.NOS. 45 & 46/IND/2007 M/S. PREM TEXTILES, INDORE IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER PAN NO. : N.A. I.T.A.NOS. 153 & 154/IND/2007 A.YS. : 2002-03 & 2003-04 M/S. PREM TEXTILES, JT. CIT, 85, M. T. CLOTH MARKET, INDORE. VS RATLAM RANGE, RATLAM APPLICANT RESPONDENT APPLICANT BY : SHRI I.P. RATHI, C. A. RESPONDENT BY : SMT.APARNA KARAN, SR. DR DATE OF HEARING : 19.3.2010 O R D E R PER BENCH THESE APPEALS WERE FIXED FOR HEARING AFTER RECALLIN G THE EARLIER ORDER OF THE TRIBUNAL PASSED IN I.T.A.NOS. 153 & 15 4/IND/2007 DATED 1.4.2009, BY MISC. APPLICATIONS FILED BY THE ASSESS EE AND OUR ORDER THEREON DATED TODAY. THE ISSUE INVOLVED IN THIS AP PEAL IS REGARDING COMPUTATION OF DEDUCTION U/S 80HHC IN RESPECT OF DE PV INCENTIVE/DFRC INCENTIVE AND DUTY DRAW BACK AND AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THESE ISSUES NEED TO BE SENT BACK TO THE FILE OF A.O. FOR DECISION THEREON IN ACCORDANCE WITH THE GUIDELINES PAGE 2 OF 2 - M. A.NOS. 45 & 46/IND/2007 M/S. PREM TEXTILES, INDORE FORMULATED BY THE SPECIAL BENCH OF THE TRIBUNAL IN THIS REGARD, IN THE CASE OF TOPMAN EXPORTS VS. ITO, AS REPORTED IN 29 TTR 15 3. HENCE, WE RESTORE ALL THE ISSUES TO THE FILE OF A.O. TO DECID E THE SAME AFRESH AFTER TAKING INTO CONSIDERATION THE AFORESAID DECISION OF THE TRIBUNAL. IT IS NEEDLESS TO MENTION THAT THE A.O. SHALL GIVE AN ADE QUATE OPPORTUNITY OF HEARING TO THE ASSESSEE IN THIS REGARD. 2. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ST AND ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 19 TH MARCH, 2010. SD/- SD/- (JOGINDER SINGH) (V. K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 19 TH MARCH, 2010. CPU* 193