ITO, WD-1(3), KOLKATA, Kolkata V. M/s Duroplus India(P) Ltd., Howrah

ITA 1846/KOL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1704 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2017
• Appeal Filed By: Department
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 26-09-2014
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: RIKHAB DAS DAGA

Judgement Text

1 ITA NO.1846/KOL/2014 DUROPLUS INDIA (P) LTD., AY 2002-03 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA () BEFORE .., /AND ... , ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] / I.T.A NO. 1846/KOL/2014 / ASSESSMENT YEAR: 2002-03 INCOME-TAX OFFICER, WD-1(3), KOLKATA VS. M/S. DUROPLUS INDIA (P) LTD. (PAN: AAACD9298A) ( /APPELLANT ) ( / RESPONDENT ) DATE OF HEARING 30.03.2017 DATE OF PRONOUNCEMENT 09.06.2017 FOR THE APPELLANT/ SHRI SAURABH KUMAR, ADDL. CIT, SR.DR. FOR THE RESPONDENT/ SHRI RIKHAB DAS DAGA, FCA / ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A)-I, KOLKATA DATED 23.06.2014 FOR AY 2002-03. 2. THE SOLE ISSUE RAISED BY THE REVENUE IS AGAINST THE ACTION OF LD. CIT(A) IN HOLDING THAT THE SUBSIDY RECEIVED BY THE ASSESSEE OF RS.35, 70,502/- IS CAPITAL IN NATURE AND DELETED THE ADDITION AS MADE BY THE AO. THE REVENUE HAS CH ALLENGED THE ORDER OF THE LD. CIT(A) ONLY ON THE SOLE ISSUE I.E. WHETHER THE LD. CIT(A) IS CORRECT IN ALLOWING THE APPEAL OF THE ASSESSEE BY FOLLOWING THE DECISION OF THE ITAT, KOL KATA IN ITS ORDER DATED 16.01.2009 IN ITA NO. 1983, 1984 AND 1985/KOL/2008 BY HOLDING THA T THE SUBSIDY RECEIVED BY THE ASSESSEE IS CAPITAL IN NATURE. 3. AT THE TIME OF HEARING LD. AR SUBMITTED THAT THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF COORDINATE BENCH IN ASSESSEES OWN CASE VIDE ITA NO. 1983, 1984 AND 1985/KOL/2008 FOR AYS 1999-2000, 200 0-01 AND 2001-02 DATED 2 ITA NO.1846/KOL/2014 DUROPLUS INDIA (P) LTD., AY 2002-03 16.01.2009. HE ALSO SUBMITTED THAT SINCE THE LD. C IT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY FOLLOWING THE AFORESAID ORDER OF THE TRIBUNAL, SUPR A, NO INTERFERENCE TO BE INDEED NEEDED IN THIS CASE AND THE SAME MAY BE UPHELD. ON THE OTHER HAND, THE LD. DR RELIED ON THE ORDER OF THE AO. 4. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUG H THE FACTS AND CIRCUMSTANCES OF THE CASE. WE HAVE ALSO GONE THROUGH THE ORDER PASSED B Y THE COORDINATE BENCH IN ASSESSEES OWN CASE IN ITA NO. 1983, 1984 AND 1985/KOL/2008 FO R AYS 1999-2000, 2000-01 AND 2001-02 DATED 16.01.2009, WHICH IS AVAILABLE IN PAP ER BOOK PAGES 21 TO 25. WE ALSO FIND THAT THE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSE E BY FOLLOWING THE AFORESAID ORDER OF THE TRIBUNAL, SUPRA. SINCE THE ISSUE IS SQUARELY COVER ED IN FAVOUR OF THE ASSESSEE AND THE LD. CIT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY FOLLOWIN G THE AFORESAID ORDER OF THE TRIBUNAL, SUPRA, WE DO NOT FIND ANY INFIRMITY IN HIS ORDER AN D THE SAME IS HEREBY UPHELD. THEREFORE, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER IS PRONOUNCED IN THE OPEN COURT ON 09.06.201 7. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) (...) ( ..) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH JUNE, 2017 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ITO, WARD-1(3), KOLKATA. 2 RESPONDENT M/S. DUROPLUS INDIA (P) LTD., 151/2, A NDUL ROAD, SHALIMAR, HOWRAH-711103 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETARY