M/s. Kosal Polymers, Nani Daman V. The Income tax Officer, Ward-4, Daman

ITA 1736/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1635 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 13-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N DIVATIA; SHRI A K
• Section: 80IB

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ..,.. ,! BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER SL. NO(S) ITA NO(S) ASSESSMENT YEAR(S) [AY] APPEAL(S) BY APPELLANT VS. RESPONDENT APPELLANT RESPONDENT 1. 1736/AHD/2013 2005 - 06 M/S.KOSAL POLYMERS 336/2/2, NR. CRICKET GROUND KACHIGAM NANI DAMAN 396 210 PAN:AAGFK 5559 A THE ITO WARD-4 DAMAN 2. 1737/AHD/2013 2006 - 07 - DO - ASSESSEE - DO - REVENUE 3. 1738/AHD/2013 2007 - 08 - DO - ASSESSEE - DO - REVENUE #$%& / APPELLANT BY : SHRI S.N. DIVATIA ()$%*& / RESPONDENT BY : SHRI A.K. PANDE, SR.DR + ,* -! / DATE OF HEARING 03/05/2016 ./0* -! / DATE OF PRONOUNCEMENT 03/05/2016 / O R D E R PER SHRI R.P. TOLANI, JUDICIAL MEMBER: THESE THREE APPEALS BY THE SAME ASSESSEE ARE DIRECT ED AGAINST THE SEPARATE ORDERS OF THE LEARNED COMMISSIONER OF INCO ME TAX (APPEALS)- 1, VALSAD IDENTICALLY DATED 15.03.2013 FOR ASSESSME NT YEAR 2005-06, 2006-07 & 2007-08 RESPECTIVELY. SINCE THE FACTS A ND ISSUES ARE INVOLVED COMMON, I.E. PENALTY LEVIED U/S.271(1)(C) OF THE AC T, THESE APPEALS WERE ITA NOS.1736,17 37 & 1738/AHD/2013 M/S.KOSAL POLYMERS VS. ITO ASST.YEARS 2005-06, 2006-07 & 2007-08 RESPECTIVEL Y - 2 - HEARD TOGETHER AND ARE BEING DISPOSED OF BY WAY OF THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 2. THE LD.COUNSEL FOR THE ASSESSEE CONTENDS THAT TH E QUANTUM ADDITION IN THESE CASES HAVE BEEN SET ASIDE TO THE FILE OF C IT(A) BY THE TRIBUNAL (ITAT C BENCH AHMEDABAD) VIDE ORDER DATED 11/09/2 015, BY OBSERVING AS UNDER:- 6. WE HAVE HEARD BOTH THE PARTIES AND PERUSE D THE CASE FILE. IT HAS COME ON RECORD THAT THE ID. CIT(A) HAS UPHOLD THE IMPUGNED DISALLOWANCE OF SEC. 80IB DEDUCTION WIT HOUT GIVING ANY SUPPORTIVE FINDINGS AFTER HAVING EXAMINED FACTS OF THE CASE IN DETAIL. THE REVENUE IS UNABLE TO DISPEL THE SAME. I N THESE CIRCUMSTANCES, WE QUOTE SECTION 250 (6) OF THE ACT WHEREIN A CIT (A) HAS TO DISPOSE OF THE APPEAL IN WRITING AFTER S TATING POINTS FOR DETERMINATION, THE DECISION THEREUPON AND REASONS I N SUPPORT. THE CIT (A)'S FINDINGS UNDER CHALLENGE, NOWHERE ADH ERE TO THE ABOVESTATED PROVISION. WE ARE OF THE VIEW IN THES E CIRCUMSTANCES THAT THE MATTER REQUIRES RECONSIDERATION ONCE AGAIN AT LOWER APPELLATE STAGE. WE ORDER ACCORDINGLY AND SET ASIDE THE ISSUE BACK TO THE CIT (A). IT WOULD BE APPRECIATED IF THE AS SESSEE'S APPEAL IS DECIDED EXPEDITIOUSLY SINCE THE ASSESSMENT YEAR INV OLVED IN A.Y. 2006-07. ASSESSEE'S APPEAL ITA NO.410/AHD/2011 IS A LLOWED FOR STATISTICAL PURPOSES. 2.1. SINCE THE QUANTUM ADDITION HAS BEEN SET ASIDE AS A LOGICAL CONSEQUENCE, THE PENALTY APPEALS IN QUESTION ARE TO BE SIMILARLY SET ASIDE TO THE FILE OF CIT(A) TO CONSIDER AFTER DECIDING TH E QUANTUM ADDITIONS. 3. THE LD.SRDR IS HEARD. ITA NOS.1736,17 37 & 1738/AHD/2013 M/S.KOSAL POLYMERS VS. ITO ASST.YEARS 2005-06, 2006-07 & 2007-08 RESPECTIVEL Y - 3 - 4. WE HAVE HEARD THE PARTIES, PERUSED THE MATERI AL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELO W. WE FIND MERIT IN THE CONTENTION OF THE LD.COUNSEL FOR THE ASSESSEE S INCE THE QUANTUM ADDITION(S) IN ALL THE THREE YEARS HAVE BEEN SET AS IDE. THEREFORE, THE PENALTY IN QUESTION HAVING ANY CORRESPONDING SIGNIF ICANCE ARE ALSO TO BE SET ASIDE TO THE FILE OF CIT(A). 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 3/5/2016 AT AHMEDABAD. SD/- SD/- (.. ) (..) $% &% ( N.K. BILLAIYA) ( R.P. TOLANI ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 03/ 05 /2016 3-.. ,.../ T.C. NAIR, SR. PS '()&*+,+- / COPY OF THE ORDER FORWARDED TO : 1. #$% / THE APPELLANT 2. ()$% / THE RESPONDENT. 3. 45 + 6 / CONCERNED CIT 4. + 6 ( # ) / THE CIT(A)- 5. 89:(45 , #-#45 0 , # / DR, ITAT, AHMEDABAD 6. :<=, / GUARD FILE. ' / BY ORDER, )8( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD