DCIT, Circle - 47, Kolkata, Kolkata V. Shree Ram Saw Mill, Howrah

ITA 1735/KOL/2010

• Counselvise Citation: 173523514 RSA 2010
• Duration Of Justice: 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2011
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 06-09-2010
• Court: TRIBUNAL
• Department Lawyers: B R PURKAYASTHA
• Assessee Lawyers: S M SURANA
• Section: 80IB

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH C, KOLKATA () BEFORE , , , , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND ! ! ! ! , '# SHRI AKBER BASHA, ACCOUNTANT MEMBER $ $ $ $ / ITA NO. 1735 /KOL/2010 %& '(/ ASSESSMENT YEAR : 2007-08 (*+ / APPELLANT ) D.C.I.T., CIRCLE-47, KOLKATA - % - - VERSUS - . (-.*+/ RESPONDENT ) SHREE RAM SAW MILL., KOLKATA (PAN: AANFS 0170 N *+ / 0 '/ FOR THE APPELLANT: SHRI B.R.PURKAYASTHA -.*+ / 0 '/ FOR THE RESPONDENT: SHRI S.M.SURANA '! / ORDER ( (( ( ! ! ! !) )) ), , , , '# PER SHRI AKBER BASHA, AM THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DAT ED 18.05.2010 OF THE CIT (A)-XXX, KOLKATA PERTAINING TO ASSESSMENT YEAR 2007 -08. 2. THERE IS A DELAY OF 8 DAYS IN FILING OF THE APPEAL BY THE REVENUE FOR WHICH THE REVENUE HAS FILED A CONDONATION PETITION EXPLAI NING THE REASONS FOR SUCH DELAY. AFTER CONSIDERING THE SUBMISSIONS BY THE REVENUE TH E DELAY IS CONDONED. 3. THE SOLE GROUND RAISED BY THE REVENUE IS THAT WHETHER CIT(A) IS RIGHT IN DIRECTING THE ASSESSING OFFICER TO ALLOW DEDUCTION U/S 80IB OF THE IT ACT ON ACCOUNT OF SO CALLED MANUFACTURING PROFIT WHICH WAS NOT A MANU FACTURING PROFIT IN REALITY. 2 4. AT THE TIME OF HEARING, THE LEARNED AUTHORISED REPRESENTATIVE OF THE ASSESSEE SHRI S.M.SURANA SUBMITTED THAT THE ISSUE UNDER APPE AL IS SQUARELY COVERED IN FAVOR OF THE ASSESSEE, BY THE DECISION OF THIS TRIBUNAL IN A SSESSEES OWN CASE VIDE ITA NO.2151/KOL/208 DATED 04/02/2009 AND ITA NO.1966/KO L/2008 DATED 15.12.2008. COPIES OF THE SAID ORDERS ARE PRODUCED BEFORE US. H E FURTHER SUBMITTED THAT THE CIT(A) HAS ALSO DECIDED THE APPEAL IN FAVOR OF THE ASSESSE E BY FOLLOWING THE DECISIONS OF THE ITAT FOR A.YRS. 2003-04. HE REQUESTED TO UPHOLD THE SAME FOR THE ASSESSMENT YEAR UNDER CONSIDERATION. 5. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY SERIOUS OBJECTION TO THE ABOVE SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIVE. 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT THE ISSUE IN THE YEAR UNDER CO NSIDERATION IS SQUARELY COVERED BY THE DECISIONS OF THIS TRIBUNAL, IN THE ASSESSEES O WN CASE, IN THE PRECEDING YEARS. RESPECTFULLY FOLLOWING THE ORDERS OF THIS TRIBUNAL IN ASSESSEES OWN CASE VIDE ITA NO.2151/KOL/2008 DATED 04.02.2009, WE UPHOLD THE OR DER OF THE CIT(A) AND DISMISS THE APPEAL OF THE REVENUE. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.05.2011. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER ! ! ! !, , , , '# '# '# '# , AKBER BASHA, ACCOUNTANT MEMBER. ( (( (1# 1# 1# 1#) )) ) DATE: 02.05.2011. R.G.(.P.S.) 3 '! / -2 3'2'4- COPY OF THE ORDER FORWARDED TO: 1. SHREE RAM SAW MILL, 16, P.T.R. SIDING, SHIBPUR, HOW RAH-102. 2 THE D.C.I.T.,CIRCLE-47, KOLKATA 3. THE CIT, 4. THE CIT(A)-XXX, KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA .2 -/ TRUE COPY, '!%:/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES