Appeal details
Counselvise Citation
[2017] 128 COUNSELVISE.COM (IT) 5686 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 11 month(s) 15 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
27-07-2017
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Assessment Year
2008-2009
Appeal Filed On
12-08-2014
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. NO: 2323/AHD/2014 (ASSESSMENT YEAR: 2008-09) DCIT, CIR-5(OSD), AHMEDABAD V/S M/S. QX KPO SERVICES PVT. LIMITED (FORMALLY KNOWN AS QUALITY BPO SERVICES PVT. LTD.) 401, GNFC INFO TOWER, S.G. ROAD, BODAKDEV, AHMEDABAD- 380052 (APPELLANT) (RESPONDENT) PAN: AAACQ1087G APPELLANT BY : SHRI K. MADHUSUDAN, SR. D .R. RESPONDENT BY : SHRI T. R. SHAH, A.R. ( )/ ORDER DATE OF HEARING : 25 -07-201 7 DATE OF PRONOUNCEMENT : 27 -07-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. WITH THIS APPEAL, THE REVENUE HAS CHALLENGED THE CO RRECTNESS OF THE ORDER OF THE LD. CIT(A)-XI, AHMEDABAD DATED 15.05.2014 PE RTAINING TO A.Y. 2008- 09. ITA NO. 2323 /AHD/2014 . A.Y. 2008-09 2 2. THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE LD. C IT(A) ERRED IN DELETING THE PENALTY OF RS. 21,00,000/- LEVIED U/S. 271(1)(C) OF THE ACT. 3. THE ROOTS FOR THE LEVY OF PENALTY LIE IN THE ASSESS MENT ORDER DATED 06/12/2010 FRAMED U/S. 143(3) OF THE ACT. THE RETUR NED INCOME OF RS. 67,08,733/- WAS ASSESSED AT RS. 67,08,730/- BY DENY ING THE CLAIM OF DEDUCTION U/S. 10B OF THE ACT. THE MATTER TRAVELLED UP TO THE TRIBUNAL AND THE TRIBUNAL VIDE ORDER DATED 04/11/2015 IN ITA NO. 120/AHD/2012 HELD AS UNDER:- 7. IN THE LIGHT OF DECISIONS OF CO-ORDINATE BENCH A S WELL AS OTHER BENCHES OF THE TRIBUNAL, WHEREIN IT HAS BEEN CATEGORICALLY HELD TH AT APPROVAL BY SOFTWARE TECHNOLOGY PARKS OF INDIA COMES UNDER THE MINISTRY OF COMMUNICATION & INFORMATION TECHNOLOGY & IS A COMPETENT AUTHORITY T O GRANT APPROVAL TO SUCH UNITS FOR CLAIMING BENEFITS U/S 10B AS 100% EXPORT ORIENTED UNDERTAKING AND THE SAME IS POSSESSED BY ASSESSEE AND ALSO LOOKING TO T HE FACTS OF THE CASE OF ASSESSEE WHEREIN ASSESSEE HAS BEEN ALLOWED DEDUCTIO NS U/S 10B IN ASST. YEARS 2007-08, 2010-11 & 2011-12 CONSISTENTLY, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSEE'S CLAIM OF DEDUCTION UNDER SECTION 10B AT RS.67,08,733/- IS JUSTIFIED AND ACCORDINGLY THE ORDER OF CIT(A) IS QUASHED AND THE APPEAL OF ASSESSEE IS ALLOWED. 4. SUBLATO FUNDAMENTO CADIT OPUS- IN THE CASE THE FO UNDATION IS REMOVED, THE SUPERSTRUCTURE FALLS. SINCE, THE BASIS FOR THE LEVY OF PENALTY HAS BEEN REMOVED BY THE ORDER OF THE TRIBUNAL (SUPRA), WE DO NOT FIND ANY ERROR OR INFIRMITY IN THE FINDINGS OF THE LD. CIT(A). ITA NO. 2323 /AHD/2014 . A.Y. 2008-09 3 5. APPEAL FILED BY THE REVENUE IS ACCORDINGLY DISMISSE D. ORDER PRONOUNCED IN OPEN COURT ON 27 - 07- 20 17 SD/- SD/- (S.S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY A CCOUNTANT MEMBER AHMEDABAD: DATED 27 /07/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD
