THE DCIT CIR 21(2), MUMBAI V. M/S. OLIVE HEALTH CARE, MUMBAI

ITA 2006/MUM/2007

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2639 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2009
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 08-03-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA
• Keywords: Set aside
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: MUMBAI BEFORE SHRI P M JAGTAP, ACCOUNTANT MEMBER AND SHRI R S PADVEKAR, JUDICIAL MEMBER ITA NO 2006/MUM/2007 (ASSESSMENT YEAR: 2003-04) DCIT CIR -21(2) 5TH FLOOR, C-10, BANDRA KURLA COMPLEX, BANDRA, MUMBAI -400 051 VS M/S OLIVE HEALTH CARE, B-203 GODREJ COLISEUM, SOMAIYA MUMBAI -400 012 PAN: AAAFO 5819 P APPELLANT RESPONDENT APPELLANT BY: SHRI VIRENDRA OJHA RESPONDENT BY: NONE ORDER PER P M JAGTAP, ACCOUNTANT MEMBER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LEARNED CIT (A) XXI MUMBAI DATED 19.12.2006 AND IN THE SOLITARY GRO UND RAISED THEREIN, THE REVENUE HAS CHALLENGED THE ACTION OF THE LEARNED CIT (A) IN DIRECTING THE ASSESSING OFFICER TO ALLOW DEDUCTION U/S 80HHC WITHOUT REDUCING THE DEDU CTION U/S 80IB. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 15. 12.2009, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLIC ATION FOR ADJOURNMENT HAS BEEN FILED. THIS APPEAL OF THE REVENUE IS, THEREFORE, B EING DISPOSED OFF EX-PARTE QUA THE RESPONDENT-ASSESSEE KEEPING IN VIEW THAT THE ISSUE INVOLVED THEREIN IS SQUARELY COVERED BY THE RECENT DECISION OF SPECIAL BENCH OF ITAT AT DELHI IN THE CASE OF ACIT VS HINDUSTAN MINT AND AGRO PRODUCTS PVT LTD REPORTE D IN 315 ITR (AT) 401 AS POINTED OUT BY THE LEARNED DEPARTMENTAL REPRESENTATIVE. AS HELD BY THE SPECIAL BENCH OF ITAT IN THE SAID DECISION, INCOME ELIGIBLE FOR DEDU CTION TO BE ALLOWED UNDER ANY OTHER PROVISIONS OF CHAPTER VIA INCLUDING THE PROVISION O F SECTION 80HHC IS TO BE REDUCED BY AN AMOUNT OF DEDUCTION ALLOWED U/S 80IA/IB. RES PECTFULLY FOLLOWING THE SAID DECISION OF THE SPECIAL BENCH, WE SET ASIDE THE IMP UGNED ORDER OF LEARNED CIT (A) ON THIS ISSUE AND DIRECT THE ASSESSING OFFICER TO RECO MPUTE THE DEDUCTION ALLOWABLE TO ITA 2006/M/2007 M/S OLIVE HEALTH CARE 2 THE ASSESSEE U/S 80HHC KEEPING IN VIEW THE SAID DEC ISION OF THE SPECIAL BENCH OF ITAT. 3. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 22ND DAY OF DECEMBER 2009. SD/- (R S PADVEKAR) JUDICIAL MEMBER SD/- (P M JAGTAP) ACCOUNTANT MEMBER MUMBAI, DATE: 22ND DECEMBER 2009 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -XXI, MUMBAI. 4) THE CIT-CITY-21, MUMBAI. 5) THE D.R. C BENCH, ITAT, MUMBAI BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 2006/M/2007 M/S OLIVE HEALTH CARE 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 15.12.09 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 16.12.09 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER