M/s J.K.Prestressing company Village Johron, V. Deputy Commissioner Of Income Tax, Shimla

ITA 169/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6754 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 24-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH A, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND SHRI B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO. 169/CHD/2017 ASSESSMENT YEAR : 2012-2013 M/S J.K. PRESTRESSING COMPANY, VS. THE DCIT, VILLAGE JOHRON, KALA AMB, CIRCLE SHIMLA, TEHSIL NAHAN, SIRMOUR (HP). (H.P.). PAN NO. AAFFJ4680E (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ROHIT KAURA RESPONDENT BY : SMT. CHANDER KANTA, CIT-DR DATE OF HEARING : 30.08.2017 DATE OF PRONOUNCEMENT : 06.10.2017 ORDER PER DIVA SINGH,JM THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASS AILING THE CORRECTNESS OF THE ORDER DATED 22.11.2016 OF CIT (APPEALS ) SHIMLA PERTAINING TO 2012-13 ASSESSMENT YEAR CLAIMING 100% DED UCTION U/S 80IC OF INCOME TAX ACT ON THE GROUND OF EXPANSION WHER EIN THE PRESENT ASSESSMENT YEAR IS THE SIXTH YEAR OF PRODUCTION FOR THE ASSESSEE ENGAGED IN A MANUFACTURING ACTIVITY. 2. CONSIDERING THE FACT THAT THE INITIAL ASSESSMENT YEAR, AS PER RECORD WAS 2007-08, THE LD. AR SUBMITTED THAT THE ORDER OF THE AO UPHELD BY THE CIT(A) IS ON THE BASIS OF ORDER O THE ITAT IN THE CASE OF M/S HYCRON ELECTRONICS VS ITO IN ITA 798/2012 DATED 27.05.2015. ACC ORDINGLY, THOUGH THE ASSESSEE WOULD BE CHALLENGING THE ORDER BEFOR E THE HIGHER AUTHORITY, HOWEVER, AS FAR AS PRESENT FORUM IS CONCERNED, THE ISSUE, IT WAS STATED, IS COVERED. THE LD. SR.DR RELIES UPON THE ORDER OF THE ITAT. 3. WE HAVE HEARD THE SUBMISSIONS AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. CONSIDERING THE FACT THAT ON FACTS AND LAW, TH ERE IS NO DISPUTE AS FAR AS THE PRESENT FORUM IS CONCERNED, THE ISSUE IS CO VERED AGAINST THE ASSESSEE BY THE AFORESAID ORDER OF THE ITAT IN THE CASE OF M/S HYCRON ELECTRONICS (SUPRA). ACCORDINGLY, IN THE ABSENCE OF ANY CHA NGE EITHER IN ITA 169/CHD/2017 A.Y. 2012-13 PAGE 2 OF 2 FACTS OR LAW, THE IMPUGNED ORDER IS UPHELD FOLLOWING THE VIEW TAKEN IN M/S HYCRON ELECTRONICS (SUPRA). 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH 2017. SD/- SD/- ( B.R.R.KUMAR) (D IVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.