JCIT (OSD), Circle-3(1), Hyderabad V. M/s. Rasa Agrotech Pvt.Ltd, Secunderabad

ITA 1889/HYD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66487 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 08-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 260A; 10B; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA NO .1889/HYD/11 ASST. YEAR 2008-09 JCIT, CIR-3(1), HYDERABAD. V/S. M/S. RASA AGROTECH PVT. LTD., SECUNDERABAD. PAN:AABCR8624B (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.VIDISHA KALRA (DEPARTMENTAL REPRESENTATIVE) RESPONDENT BY : NONE DATE OF HEARING 29 - 11 - 2012 DATE OF PRONOUNCEMENT 29-11-2012 O R D E R PER SAKTIJIT DEY, JUDICIAL MEMBER: THE REVENUE HAS FILED THIS APPEAL BEING AGGRIEVED B Y THE ORDER PASSED BY THE CIT (A)-IV, HYDERABAD PASSED IN ITA NO.08 9/ACIT- 3(1)/CIT(A)-IV/2010-11 PERTAINING TO THE ASSESSMENT YEA R 2008-09. 2. DESPITE NOTICE, THERE WAS NO APPEARANCE ON BEHALF OF THE ASSESSEE-RESPONDENT DURING THE COURSE OF HEARING OF THIS A PPEAL. HENCE, WE HAVE PROCEEDED TO DISPOSE OF THE APPEAL EX PAR TE ON MERITS AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIV E. ITA NO.1889 OF 2011 M/S. RASA AGROTECH PVT. LT D. SECUNDERABAD. 2 3. THE ONLY ISSUE ARISING OUT OF THE GROUNDS RAISED BY T HE REVENUE IS AGAINST THE ORDER OF THE CIT (A) IN ALLOWING THE ASSE SSEES CLAIM OF EXEMPTION U/S 10B OF THE ACT. BRIEFLY THE FACTS ARE THE ASSESSEE IS ENGAGED IN THE BUSINESS OF PROCUREMENT, PROCESSING AND EXP ORT OF SEEDS. THE ASSESSING OFFICER IN COURSE OF ASSESSMENT PROCEEDINGS WAS OF THE VIEW THAT SINCE THE ASSESSEE IS NOT MANUFACTURING A NY ARTICLE OR THING, IT IS NOT ENTITLED FOR EXEMPTION U/S 10B OF TH E ACT. THE ASSESSEE IN ITS REPLY SUBMITTED BEFORE THE ASSESSING OFFICER THAT I T WAS MANUFACTURING HYBRID SEEDS WHICH ON THE EARLIER OCCASION IN THE ASSESSMENT YEARS 2003-04 TO 2006-07 HAVING HELD BY THE I NCOME-TAX APPELLATE TRIBUNAL, HYDERABAD BENCH TO BE A MANUFACTUR ING ACTIVITY ELIGIBLE FOR EXEMPTION U/S 10B OF THE ACT. THE ASSESSING OFFICER HOWEVER DID NOT ACCEPT THE ASSESSEES CONTENTION BY OBSERVI NG THAT THE ORDERS OF THE INCOME-TAX APPELLATE TRIBUNAL HAVE BEE N APPEALED AGAINST IN THE HONBLE HIGH COURT U/S 260A OF THE ACT. ON THE AFORESAID OBSERVATION, THE ASSESSING OFFICER PROCEEDED TO COMPLETE T HE ASSESSMENT BY REJECTING THE ASSESSEES CLAIM OF EXEMPTION ON T HE PRODUCTION OF HYBRID SEEDS. THE ASSESSEE BEING AGGRIEVED OF THE DENIAL OF EXEMPTION U/S 10B OF THE ACT, PREFERRED AN APPEA L BEFORE THE CIT (A). THE CIT (A) FOLLOWING THE ORDERS OF THE INCOME-T AX APPELLATE TRIBUNAL IN ASSESSEES OWN CASE ON IDENTICAL ISSUE FOR THE A SSESSMENT YEARS 2004-05 TO 2007-08 ALLOWED THE APPEAL OF THE A SSESSEE. BEING AGGRIEVED OF THE AFORESAID ORDER OF THE CIT (A), THE REVENUE IS BEFORE US. 4. WE HAVE HEARD THE SUBMISSIONS OF THE LEARNED DEPAR TMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL ON RECORD. AF TER EXAMINING THE RECORD, IT IS SEEN THAT THE IDENTICAL ISSUE IN CASE OF THE SAME ASSESSEE WAS CONSIDERED AND DECIDED IN FAVOUR OF THE ASSESSEE BY THI S TRIBUNAL IN ITA NO. 408/HYD/07 DATED 21-11-2008 FOR THE ASSESSME NT YEARS ITA NO.1889 OF 2011 M/S. RASA AGROTECH PVT. LT D. SECUNDERABAD. 3 2004-05, IN ITA NO.950/HYD/08 DATED 3-3-2009 FOR ASSESSM ENT YEAR 2005-06 AND IN ITA NO.627/HYD/09 DATED 2-8-2009 FOR ASSESSMENT YEAR 2006-07. AGAIN FOR THE ASSESSMENT YEAR 2007-08 ALSO THE INCOME- TAX APPELLATE TRIBUNAL IN ITA NO.1277/HYD/10 DATED 1 8-2-2011 FOLLOWING ITS EARLIER ORDERS DISMISSED THE APPEAL OF THE REVENUE. THERE BEING NO CHANGED CIRCUMSTANCES BROUGHT TO OUR NOTICE BY T HE LEARNED DEPARTMENTAL REPRESENTATIVE TO DEVIATE FROM OUR EARL IER ORDER PASSED IN CASE OF THE SAME ASSESSEE, WE RESPECTFULLY FOLLOW THE SAM E AND UPHOLD THE ORDER OF THE CIT (A) IN ALLOWING EXEMPT ION U/S 10B OF THE ACT. THE GROUNDS RAISED BY THE REVENUE ARE THEREFORE DISMISSED. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON 29-11-2012. SD/- SD/- (CHANDRA POOJARI) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DT/- 29 TH NOVEMBER,2012 COPY FORWARDED TO: 1. JCIT (OSD), CIRCLE- 3(1), HYDERABAD. 2. 3. 4. M/S RASA AGROTECH PVT. LTD., NO.3, UNICORN HOUSE, GUNROCK , NEAR DIAMOND POINT, TRANSPORT ROAD, SECUNDERABAD. COMMISSIONER OF INCOME-TAX(APPEALS) IV, HYDERABAD. CIT CONCERNED, HYDERABAD. 5 DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. JMR *