M/s. Tripura Polymer (p) Ltd, Agartala V. Income Tax Officer,. Ward-Udaipur, Agartala

ITA 227/GTY/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1430 (ITAT-GUWAHATI)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 04-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN JCIT SRDR
• Assessee Lawyers: D K BISWAS
• Section: 143(3); 80IC; 80IC; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI BENCH E COURT AT KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L.SAINI, ACCOUNTANT MEMBER ITA NO. 22 7 / GAU / 2018 ASSESSMENT YEAR :2014-15 M/S TRIPUR POLYMER PVT. LTD., MADHYA BANAMALIPUR, TRIPURA, AGARTALA-799001 [ PAN NO.AABCT 7101 K ] V/S . INCOME TAX OFFICER, WARD-UDDAIPUR, AGARTALA CITY CENTRE, PARADISE CHOWMUHANI, CAMP AGARTALA-799001 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI D.K.BISWAS, ADVOCATE /BY RESPONDENT SHRI M.C OMI NINGSHEN, JCIT SR-DR /DATE OF HEARING 09-12-2019 /DATE OF PRONOUNCEMENT 13-12-2019 / O R D E R PER BEMCH:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-SHILLONGS ORD ER DATED 27.06.2018 PASSED IN CASE NO. CIT(A)/SHG/10220/2016-17 INVOLVI NG PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE A CT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE CHALLE NGES CORRECTNESS OF BOTH THE LOWER AUTHORITIES DENYING U/S 80IC DEDUCT ION OF 78,07,224/- IN BOTH THE LOWER PROCEEDINGS. THE CIT(A)S DETAILED DISCUS SION TO THIS EFFECT READS AS UNDER:- 5. GROUND NO.2 ITA NO.227/GAU/2018 ASSESSM ENT YEAR: 2014-15 M/S TRIPUR POLYMER PVT.LTD. VS. ITO WD-UDAIPU R PAGE 2 THE GROUND IS AGAINST REJECTION OF CLAIM OF DEDUCTI ON U/S. 80IC OF THE ACT AMOUNTING TO RS.78,07,224/- ASSESSEE CLAIMED DEDUCTION 2002-0 3.THEREFORE, THE DEDUCTION 2014-15 AS THE PERIOD OF 10 YEARS HAD ALREADY ELAPS ED. IN VIEW OF THAT DEDUCTION U/S. 80IC WAS ACCORDINGLY REJECTED. 5.2 EVEN AFTER SEVERAL OPPORTUNITIES OF BEING HEARD , ASSESSEE HAD NOT REPRESENTED ITS CASE BEFORE ME, IN ABSENCE OF FACTUAL EVIDENCE TO S HOW THAT ASSESSEE 2014-15. I FIND NO REASON TO INTERFERE WITH THE DECISION OF THE AO. THIS GROUND IS THEREFORE DISMISSED . 3. A PERUSAL OF THE ABOVE EXTRACTED CIT(A)S REASON ING MAKES IT CLEAR THAT THE ASSESSEES INITIAL ASSESSMENT YEAR FOR THE PURPOSE OF IMPUGNED DEDUCTION WAS 2002-03 WHEREAS WE ARE IN THE ASSESSM ENT YEAR 2014-15. MEANING THEREBY THE ASSESSEES CLAIM FALLS BEYOND A PERIOD OF TEN ASSESSMENT YEAR(S) AND NOT ALLOWABLE U/S 80IC OF TH E ACT AS PER THE HON'BLE APEX COURTS RECENT DECISION PCIT VS. AARHAM SOFTRONICS (2019) ( 102 TAXMANN.COM 343) (SC). WE THEREFORE UPHOLD THE CIT(A)S ACTION AFFI RMING THE IMPUGNED DISALLOWANCE. 4. THIS ASSESSEES APPEAL IS DISMISSED IN ABOVE TER MS. ORDER PRONOUNCED IN THE OPEN COURT 13 /12/2019 SD/- SD/- (A.L.SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) JUDICIAL MEMBER) KOLKATA, *DKP - 13 / 12 /201 9 / / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S TRIPUR POLYMER PVT. LTD., MADHYA BAN AMALIPUR, AGARTALA-799991 2. /RESPONDENT-ITO WD-UDAIPUR, AGARTALA CITY CENTRE, PARADISDE CHOWMUHANI CAMP, AGARTAL A-799001 3. * - / CONCERNED CIT GUAHATI 4. -- / CIT (A) GUAHATI 5. 0 33*, *, / DR, ITAT, GUAHATI 6. 7 / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO *,