DCIT, Coimbatore V. Sri Ranganathar Industries P Ltd., Coimbatore

ITA 1635/CHNY/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96010 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 16-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P RADHAKRISHNAN
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI ... , ! ', $ %& BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ./ ITA NO.1635/MDS/2015 ( )( / ASSESSMENT YEAR : 2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2, 63-A, RACE COURSE ROAD, COIMBATORE. V. M/S SRI RANGANATHAR INDUSTRIES PVT. LTD., 12/45, THADAGAM ROAD, EDAYARPALAYAM POST, COIMBATORE 641 025. PAN : AADCS 0183 Q (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SH. P. RADHAKRISHNAN, JCIT -.+, / 0 / RESPONDENT BY : SH. S. SRIDHAR, ADVOCATE ./ ITA NO.1636/MDS/2015 ( )( / ASSESSMENT YEAR : 2012-13 THE INCOME TAX OFFICER, WARD I(2), TIRUPUR. V. M/S GANGAI GARMENTS, NO. 217/1, GANGAI GARDENS, KAVILIPALAYAM ROAD, SIRUPOLUVAPATTI POST, TIRUPUR 641 603. PAN : AABFG 9171 H (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SH. P. RADHAKRISHNAN, JCIT -.+, / 0 / RESPONDENT BY : SH. N. VIJAY KUMAR, CA 1 / 2$ / DATE OF HEARING : 03.09.2015 34) / 2$ / DATE OF PRONOUNCEMENT : 11.09.2015 2 I.T.A. NO.1635/MDS/15 I.T.A. NO.1636/MDS/15 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: BOTH THE APPEALS FILED BY THE REVENUE IN RESPECT OF TWO DIFFERENT ASSESSEES ARE DIRECTED AGAINST THE RESPEC TIVE ORDERS OF THE COMMISSIONERS OF INCOME TAX (APPEALS) - I & 3, COIM BATORE, DATED 29.05.2015 AND PERTAIN TO ASSESSMENT YEAR 2012-13. SINCE COMMON ISSUE ARISES FOR CONSIDERATION IN BOTH THE A PPEALS, WE HEARD THE APPEALS TOGETHER AND DISPOSING OF THE SAM E BY THIS COMMON ORDER. 2. WE HEARD SHRI SH. P. RADHAKRISHNAN, THE LD. DEPA RTMENTAL REPRESENTATIVE AND THE LD.COUNSEL AND LD. REPRESENT ATIVE FOR BOTH THE ASSESSEES. THE ONLY ISSUE ARISES FOR CONSIDERA TION IS WITH REGARD TO DEDUCTION CLAIMED BY THE ASSESSEES UNDER SECTION 80-IA OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT') IN RESPECT OF WINDMILLS. THE ASSESSING OFFICER REJECTED THE CLAI M OF THE ASSESSEES ON THE GROUND THAT THE DEPARTMENT HAS FIL ED A SPECIAL LEAVE PETITION AGAINST THE JUDGMENT OF MADRAS HIGH COURT IN VELAYUDHASWAMY SPINNING MILLS (P) LTD. V. ACIT (231 CTR 368). HOWEVER, THE CIT(APPEALS) BY FOLLOWING THE JUDGMENT OF MADRAS HIGH COURT ALLOWED THE CLAIM OF THE ASSESSEES. 3 I.T.A. NO.1635/MDS/15 I.T.A. NO.1636/MDS/15 3. NOW THE ONLY CONTENTION OF THE DEPARTMENT BEFORE THIS TRIBUNAL IS THAT THE REVENUE HAS NOT ACCEPTED THE J UDGMENT OF MADRAS HIGH COURT AND AN APPEAL HAS ALREADY BEEN FI LED ALONG WITH SPECIAL LEAVE PETITION AND THE SAME IS PENDING BEFO RE THE APEX COURT. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT MERE PENDENCY OF SPECIAL LEAVE PETITION BEFORE THE APEX COURT CANNOT BE A REASON TO TAKE A DIFFERENT VIEW. THE JUDGMENT OF MADRAS HIGH COURT IS BINDING ON ALL THE AUTHORITIES IN THE STAT E OF TAMIL NADU AND UNION TERRITORY OF PONDICHERRY. THEREFORE, THE CIT (APPEALS) HAS RIGHTLY ALLOWED THE CLAIM OF THE ASSESSEES BY FOLLO WING THE BINDING JUDGMENT OF MADRAS HIGH COURT IN VELAYUDHASWAMY SPI NNING MILLS (P) LTD. (SUPRA). THEREFORE, THIS TRIBUNAL DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(APPEALS). 4. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE S TAND DISMISSED. ORDER PRONOUNCED ON 11 TH SEPTEMBER, 2015 AT CHENNAI. SD/- SD/- ( ! ' ) ( ... ) (CHANDRA POOJARI) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 11 TH SEPTEMBER, 2015. 4 I.T.A. NO.1635/MDS/15 I.T.A. NO.1636/MDS/15 KRI. / -278 98)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 :2 () /CIT(A) 4. 1 :2 /CIT 5. 8; -2 /DR 6. <( = /GF.