Moin Akhtar Qureshi, V. ACIT Range-I,

ITA 2398/DEL/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3748 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 15-06-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 26-06-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K CHAND
• Section: 143(3); 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `E: NEW DELHI BEFORE SHRI C.L.SETHI, JM & SHRI B.C. MEENA, AM I.T. A. NO.2398/DEL OF 2008 ASSESSMENT YEAR 2004-05 MOIN AKHTAR QURESHI, VS ACIT, RANGE-1, PROP. M/S ABDUL MAJEED QURESHI, QURESHI LODGE, RAMPUR. PAN: AAAPQ4438L APPELLANT RESPONDENT APPELLANT BY: NONE (WRITTEN SUBMISSIONS) RESPONDENT BY: SHRI N.K. CHAND, SR. DR ORDER PER C.L. SETHI, JM: THE ASSESSEE IS IN APPEAL AGAINST THE ORDER DATED 1 0.4.2008 PASSED BY THE LEARNED CIT(A) U/S 143(3) OF THE INCOME-TAX ACT , 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2004-05. 2. VARIOUS GROUNDS RAISED IN THIS APPEAL REVOLVE AR OUND THE ISSUE, AS TO WHETHER THE ASSESSEE IS ENTITLED TO DEDUCTION ON AC COUNT OF DEPB RECEIPT U/S 80HHC OF THE ACT. 3. WE HAVE HEARD THE LEARNED DR. ASSESSEE HAS FILED WRITTEN SUBMISSIONS, WHERE IT HAS BEEN SUBMITTED THAT THE I SSUE MAY KINDLY BE 2 DECIDED IN THE LIGHT OF THE DECISION OF THE HONBLE SPECIAL BENCH OF THE ITAT IN THE CASE OF M/S TOPMAN EXPORTS VS ITO, 318 ITR 87(AT), WHICH HAS BEEN FOLLOWED BY THE ITAT DELHI BENCH IN THE CA SE OF M/S A TO Z INDUSTRIES, MORADABAD VS ACIT, ITA NO.133/DEL/2008 ORDER DATED 16.10.2009 AND IN THE CASE OF M/S SHIVOM OVERSEAS E XPORTS VS ITO, MORADABAD, ITA NO.1230/DEL/2008 ORDER DATED 8.4.201 0, COPIES OF WHICH HAVE ALSO BEEN PLACED. 4. LEARNED DR, ON THE OTHER HAND, SUPPORTED THE ORD ERS OF THE AUTHORITIES BELOW. 5. IN THE LIGHT OF THE DECISION OF THE SPECIAL BENC H OF THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS ITO (SUPRA), AND IN THE L IGHT OF THE DECISION OF THE TRIBUNAL DELHI BENCHES IN THE CASE OF A TO Z IN DUSTRIES, MORADABAD (SUPRA) AND M/S SHIVOM OVERSEAS EXPORTS (SUPRA), WE RESTORE THE MATTER BACK TO THE FILE OF THE AO TO CONSIDER THE ISSUE IN ACCORDANCE WITH THE SPECIAL BENCH DECISION, AND AS PER POSITION OF LAW WITH REGARD TO THE ALLOWABILITY OF DEPB RECEIPT U/S 80-HHC OF THE ACT IN THE LIGHT OF TAXATION LAWS (AMENDMENT) ACT, 2005. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR A STATISTICAL PURPOSE. 3 7. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 15 TH JUNE, 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. (B.C. MEENA) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: JUNE, 2010 VIJAY COPY TO: 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT(A), BAREILLY 5. DR ASSISTANT REGISTRAR