M/s. ALOKA EXPORTS, MUMBAI V. DCIT Rg. - 17(2), MUMBAI

ITA 2491/MUM/2006

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1603 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 21-04-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PITAMBAR DAS
• Assessee Lawyers: I P RATHI
• Section: 80HHC; 28

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: MUMBAI BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER ITA NO 2491/MUM/2006 (ASSESSMENT YEAR: 2002-03) ALOKA EXPORTS , 324, WADALA UDYOG BHAVAN, NAIGAON CROSS ROAD, WADALA, MUMBAI -400 031 PAN: AAAFZA 3423 B VS DCIT-17(2) , PIRAMAL CHAMBERS, LALBAGH, PAREL, MUMBAI -400 012 APPELLANT RESPONDENT APPELLANT BY: SHRI I P RATHI RESPONDENT BY: SHRI PITAMBAR DAS ORDER PER PRAMOD KUMAR 1. BY WAY OF THIS APPEAL, DIRECTED AGAINST THE CIT (A)S ORDER DATED 15TH FEBRUARY 2006, FOR THE ASSESSMENT YEAR 2002-03, THE ASSESSEE HAS RAISED FOLLOWING GRIEVANCES:- 2. THAT THE LEARNED COMMISSIONER OF INCOME TAX (AP PEALS) HAS ERRED IN NOT DECIDING THE CLAIM U/S 80 HHC AS PER THE AMENDE D PROVISIONS AND FURTHER ERRED BY DIRECTING THE ASSESSING OFFICER TO WORK OU T THE NECESSARY RELIEF, WITHOUT CONSIDERING THE REVISED WORKING SUBMITTED B Y THE APPELLANT AS PER THE AMENDED PROVISIONS OF CLAUSE (IIID) AND (IIIE) OF S ECTION 28 AND THE SECOND TO FIFTH PROVISO NEWLY INSERTED TO SECTION 80 HHC(3). 3. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APP EALS) HAS ERRED IN NOT QUANTIFYING THE AMOUNT U/S 28(IIID) AS ANY PRO FIT ON TRANSFER OF DEPB AT RS 8,88,391 SUBMITTED BY THE APPELLANT WITH DETAILE D WORKING AND SUPPORTING THEREOF. 4. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APP EALS) HAS ERRED IN NOT QUANTIFYING THE AMOUNT U/S 28(IIIE) AS ANY PRO FIT ON TRANSFER OF DFRC AT RS NIL SUBMITTED BY THE APPELLANT WITH DETAILED WOR KING AND SUPPORTING THEREOF. 5. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APP EALS) HAS ERRED IN NOT EXCLUDING ANY PROFIT ON TRANSFER OF DEPB AS SPECIFIED U/S 28 (IIID) AND ANY PROFIT ON TRANSFER OF DFRC AS SPECIFIED U/S 28 (IIIE) FROM THE TOTAL ALOKA EXPORTS 2 INCOME OF THE ASSESSEE THOUGH THE SAME CAN NOT BE I NCLUDED AS PART OF INCOME AS DEFINED UNDER SECTION 2(24). 2. LEARNED DEPARTMENTAL REPRESENTATIVES AGREE THAT THE ABOVE ISSUES ARE NOW COVERED BY SPECIAL BENCH DECISION IN THE CASE OF TO PMAN EXPORTS VS INCOME TAX OFFICER (29 ITD 153). 3. IN THE IMPUGNED ORDER, THE CIT (A) HAD REMITTED THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR WORKING NECESSARY RELIEF U/S 80HHC, AS PER AMENDED LAW, TO THE FILE OF THE ASSESSING OFFICER. 4. CONSIDERING THAT THE ASSESSING OFFICER IS ALREAD Y IN SEISIN OF THE MATTER, AS A RESULT OF AFORESAID DIRECTIONS OF THE CIT (A), WE M ODIFY THE DIRECTIONS OF THE CIT (A) TO THE EFFECT THAT THE ASSESSING OFFICER WILL RECOM PUTE DEDUCTION U/S 80HHC IN THE LIGHT OF THE LAW LAID DOWN BY SPECIAL BENCHS DECIS ION IN THE CASE OF TOPMAN EXPORTS (SUPRA). A COPY OF THE SAID SPECIAL BENCH ORDER IS DEEMED TO BE ATTACHED TO AND FORMING PART OF THIS ORDER. 5. THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES I N THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 26TH OCT OBER 2009. SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATE: 26TH OCTOBER 2009 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-XVII, MUMBAI. ALOKA EXPORTS 3 4) THE CITMUMBAI CITY XVII, MUMBAI. 5) THE D.R. B BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ALOKA EXPORTS 4 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 23.10.09 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 23.10.09 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