The Allalwas Janhit Coop L& G Society Ltd, V. ITO Ward-2,

ITA 1663/DEL/2008

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 52776 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 23-09-2011
• Assessment Year: 2000-2001
• Appeal Filed On: 01-05-2008
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MRS ANUSHA KHURANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A NEW DELHI) BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A. NO.1663/DEL/2008 ASSESSMENT YEAR : 2000-01 THE ALLAWAS JANHIT COOP. L&C ITO, SOCIETY LTD., VILL. ALLAWAS. WAR-2, RATIA DISTT. FATEHABAD. V. FATHEABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI GAUTAM JAIN, C.A. RESPONDENT BY : MRS. ANUSHA KHURANA, SR. DR ORDER PER B.K. HALDAR, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD CIT(A), ROHTAK DATED 12.4.2006 FOR ASSESSMENT YEAR 200 0-01. THE ASSESSEE HAS TAKEN FOLLOWING GROUNDS OF APPEALS:- 1. THAT THE LD CIT(A), ROHTAK HAS GROSSLY ERRED BOTH IN L AW AND ON FACTS IN UPHOLDING THE INITIATION OF PROCEEDINGS U/S 4 7 OF THE ACT WHEN THERE WAS NO NEW MATERIAL ON RECORD ON THE BASIS OF WHICH IT COULD BE ALLEGED THAT INCOME OF THE APPELLANT HA D ESCAPED ASSESSMENT AS HAS BEEN HELD BY MADRAS HIGH COURT IN THE CA SE OF BAPALAL AND CO. EXPORTS V. JOINT CIT (OSD) REPORT ED IN 289 ITR 37. 2. THAT THE LD CIT(A) HAS FURTHER ERRED IN CONFIRMING T HE DISALLOWANCE OF DEDUCTION U/S 80P OF THE ACT OF `.1,3 4,161/-. ITA NO1663/DEL/08 2 2. AT THE TIME OF HEARING, THE LD AR FOR THE ASSESSEE H AS NOT PRESSED GROUND NO.1. THUS, GROUND NO.1 TAKEN BY THE A SSESSEE IS DISMISSED AS NOT PRESSED. 3. AS REGARDS GROUND NO.2, WITH REFERENCE TO DISALLOWA NCE OF DEDUCTION U/S 80P OF THE ACT AMOUNTING TO `.1,34,161 /-, IT HAS BEEN CONTENDED BY THE LD AR FOR THE ASSESSEE THAT THE ISSUE I S COVERED IN FAVOUR OF THE ASSESSEE AS PER PARA 10 OF THE ORDER OF TR IBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 1999-2000 IN I.T.A. NO.3486/DEL/2005 DATED 23.2.2006. THE LD DR HAS NOT POINTED OUT ANY FACTUAL DIFFERENCE BETWEEN ASSESSMENT YEAR 1999-20 00 AND 2000- 01. IN VIEW OF THE ABOVE, WE HOLD THAT THE ASSESSEE IS ENTITLED TO DEDUCTION U/S 80P OF THE ACT AMOUNTING TO `.1,34,161 /-. THUS, GROUND NO.2 TAKEN BY THE ASSESSEE IS ALLOWED. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALL OWED IN PART. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 23 RD SEPTEMBER, 2011. SD/- SD/- (I.P. BANSAL) (B.K. HAL DAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 23.09.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). ITA NO1663/DEL/08 3 DATE OF HEARING 23.09.2011 DATE OF DICTATION 03.10.2011 DATE OF SIGNATURE BY THE MEMBER 23.10.2011 DATE OF ORDER SENT TO THE CONCERNED BENCH 23.10.2011