DCIT, Coimbatore V. S.Martin, Coimbatore

ITA 2211/CHNY/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 90420 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-05-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 03-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR B NISCHAL
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI . , ! , ' #$ % [BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER] ./ I.T.A.NO.2211/MDS/2014 / ASSESSMENT YEAR : 2010-11 THE DY. COMMISSIONER OF INCOME-TAX COMPANY CIRCLE I(3) COIMBATORE VS. SHRI S. MARTIN 355-359, DAISY PLAZA, 6 TH STREET GANDHIPURAM COIMBATORE 641 012 [PAN AEWPM 3703 Q] ( &' / APPELLANT) ( !(&' /RESPONDENT) / APPELLANT BY : DR. B. NISCHAL, JCIT /RESPONDENT BY : SHRI R. VIJAYARAGHAVAN, ADVOCATE / DATE OF HEARING : 27-05-2015 ! / DATE OF PRONOUNCEMENT : 29-05-2015 ) / O R D E R PER D. KARUNAKARA RAO, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE REVENUE IS AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-I, COIMBATORE, DATED 27.6.2014, FOR THE ASSESSMENT YEAR 2010-11. ITA NO. 2211/14 :- 2 -: 2. THE GROUNDS RAISED BY THE REVENUE ARE ARGUMENTATIVE IN NATURE AND THE ISSUE INVOLVED IN THESE GROUNDS RELA TES TO THE CORRECTNESS OF THE ASSESSEES CLAIM OF DEDUCTION U/S 80IA OF THE ACT. THE ASSESSEE CLAIMS THAT A.Y 2010-11 IS THE INITIA L ASSESSMENT YEAR AND THE ASSESSING OFFICER HOLDS THAT ASSESSMENT YEA R 2005-06 IS THE INITIAL ASSESSMENT YEAR. THE ASSESSEE RELIED ON T HE HON'BLE JURISDICTIONAL HIGH COURTS JUDGMENT IN THE CASE OF M/S VELAYUDHASWAMY SPINNING MILLS (P) LTD. VS ACIT, 231 CTR 368. 3. DURING THE PROCEEDINGS BEFORE THE TRIBUNAL, AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE BROUGHT OU R ATTENTION TO PARA 3 OF THE IMPUGNED ORDER AND SUBMITTED THAT THE CIT( A) HAS GRANTED RELIEF TO THE ASSESSEE BY RELYING ON THE HON'BLE J URISDICTIONAL HIGH COURTS JUDGMENT(SUPRA) ON IDENTICAL ISSUE. THE RE VENUE RAISED GROUND NO.3 IN THIS REGARD WHERE IT IS MENTIONED TH AT THE DEPARTMENT FILED AN SLP BEFORE THE HON'BLE SUPREME COURT OF IN DIA AGAINST THE SAID ORDER OF THE HON'BLE JURISDICTIONAL HIGH COURT . OTHERWISE, THERE IS NO DISPUTE ON THE FACT THAT THE ISSUE RAISED IN THE PRESENT APPEAL IS IDENTICAL TO THE ONE ADJUDICATED BY THE HON'BLE JUR ISDICTIONAL HIGH COURT. 4. AFTER HEARING BOTH THE PARTIES AND EXAMINING THE FA CTS OF THE CASE AND PARA 3 OF THE IMPUGNED ORDER, WE FIND THAT THE ORDER OF THE ITA NO. 2211/14 :- 3 -: CIT(A) IS FAIR AND REASONABLE AND DOES NOT CALL FOR ANY INTERFERENCE. ACCORDINGLY, THE GROUNDS RAISED BY THE REVENUE ARE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH OF MAY, 2015, AT CHENNAI. SD/- SD/- ( ! ) (CHALLA NAGENDRA PRASAD) ' / JUDICIAL MEMBER ( . ) (D. KARUNAKARA RAO) / ACCOUNTANT MEMBER '# / CHENNAI $% / DATED: 29 TH MAY, 2015 RD %& '()( / COPY TO: 1 . / APPELLANT 4. * / CIT 2. / RESPONDENT 5. (+, - / DR 3. *./ / CIT(A) 6. ,01 / GF