DCIT, Coimbatore V. Vetal Textiles and Electronics Pvt. Ltd., Coimbatore

ITA 1694/CHNY/2015

• Counselvise Citation: 169421714 RSA 2015
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2015
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 19-11-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 22-07-2015
• Court: TRIBUNAL
• Department Lawyers: P RADHAKRISHNAN
• Assessee Lawyers: N O N E

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI . . . , . ! , ' # $ [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NO.1694/MDS/2015 / ASSESSMENT YEAR : 2011-12 THE DY. COMMISSIONER OF INCOME-TAX CORPORATE CIRCLE 1 COIMBATORE VS. M/S VETAL TEXTILES AND ELECTRONICS P. LTD NO.1, INDUSTRIAL ESTATE CIVIL AERODROME POST COIMBATORE 641 014 [PAN AAACV 6385 J ] ( %& / APPELLANT) ( '(%& /RESPONDENT) / APPELLANT BY : SHRI P. RADHAKRISHNAN, JCIT /RESPONDENT BY : NON E / DATE OF HEARING : 19 - 1 1 - 2015 ! / DATE OF PRONOUNCEMENT : 09 - 12 - 2015 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, COIMBA TORE, DATED 7.5.2015 AND PERTAINS TO ASSESSMENT YEAR 2011-12. 2. NOTICE OF HEARING WAS SERVED ON THE ASSESSEE THROU GH DEPARTMENTAL REPRESENTATIVE. THE LD. DR HAS FILED THE COPY OF ACKNOWLEDGEMENT AS PROOF OF SERVICE OF NOTICE ON TH E ASSESSEE. ITA NO.1695/15 :- 2 -: INSPITE OF RECEIPT OF NOTICE, NO ONE APPEARED AT TH E TIME OF HEARING, THEREFORE, WE HEARD THE LD. DR AND PROCEEDED TO DIS POSE OF THE APPEAL ON MERIT. 3. SHRI P RADHAKRISHNAN, LD. DR SUBMITTED THAT THE ONL Y ISSUE ARISES FOR CONSIDERATION IS DEDUCTION U/S 80IA OF THE ACT IN RESPECT OF WINDMILL. THE CIT(A), BY FOLLOWING THE JUDGMENT OF THE MADRAS HIGH COURT IN THE CASE OF VELAYUDHASWSAMY SPINNING MILL S (P) LTD VS ACIT, 231 CTR 368, ALLOWED THE CLAIM OF THE ASSESSEE. A CCORDING TO THE LD. DR, THE REVENUE HAS FILED SLP AGAINST THE JUDGMENT OF THE MADRAS HIGH COURT IN VELAYUDHASWAMY SPINNING MILLS (P) LTD . (SUPRA) BEFORE THE APEX COURT AND THE SAME IS STILL PENDING, THERE FORE, THE REVENUE FILED THE APPEAL. 2. WE HEARD THE LD. DR AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE CIT(A) ALLOWED THE CLAIM OF THE AS SESSEE FOR DEDUCTION U/S 80IA BY FOLLOWING THE BINDING JUDGME NT OF THE MADRAS HIGH COURT IN VELAYUDHASWAMY SPINNING MILLS (P) LTD . (SUPRA). THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT MERE PEN DENCY OF SLP BEFORE THE APEX COURT CANNOT BE A REASON FOR NOT FOLLOWING THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT. IN OTHER WORDS, THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IS BINDING ON ALL AUTHORI TIES IN THE STATES OF TAMILNADU AND PONDICHERRY. THE CIT(A) HAS RIGHTLY ALLOWED THE CLAIM ITA NO.1695/15 :- 3 -: OF THE ASSESSEE BY FOLLOWING THE JUDGMENT OF THE M ADRAS HIGH COURT IN VELAYUDHASWAMY SPINNING MILLS P. LTD. (SUPRA). THE REFORE, THIS TRIBUNAL DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A) AND ACCORDING THE SAME IS CONFIRMED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH DECEMBER, 2015, AT CHENNAI. SD/- SD/- ( . ! ) (A. MOHAN ALANKAMONY) ' / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 9 TH DECEMBER, 2015 RD &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF