SUNRISE CONTAINERS LTD, MUMBAI V. DCIT 8(3), MUMBAI

ITA 2527/MUM/2011

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9315 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 04-09-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 31-03-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NEIL PHILIPDR
• Assessee Lawyers: S K SOMANI
• Section: 80IB

Judgement Text

, E IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI . , ! '# $ %, & ' BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI AMIT SHUK LA, JM . / ITA NO. 2527/MUM/2011 . / ITA NO. 7376/MUM/2012 ( / ASSESSMENT YEARS : 200506, & 2009-10 ) M/S. SUNRISE CONTAINERS LTD. 405 ACME INDUSTRIAL PARK OFF I.B. PATEL RD. GOREGAON (E) MUMBAI-400063 .. / APPELLANT V/S DCIT - 8 (3) AAYAKAR BHAVAN, M.K. RD. MUMBAI 400020 .... / RESPONDENT . / PERMANENT ACCOUNT NUMBER AABCS5997C !' # $ / ASSESSEE BY : SHRI S.K. SOMANI (AR) % # $ / REVENUE BY : SHRI NEIL PHILIP (DR) & ' # '( / DATE OF HEARING 11.03.2015 )* +, # '( / DATE OF ORDER 11.03.2015 $ / ORDER '# $ %, & (! / PER AMIT SHUKLA, J.M. THE AFORESAID APPEALS HAVE BEEN FILED BY THE ASSESSE E AGAINST SEPARATE IMPUGNED ORDERS DATED 21.1.2011 AND 20.11. 2012, PASSED M/S.SUNRIASE CONTAINERS. LTD. 2 BY THE CIT(A), MUMBAI, FOR THE QUANTUM OF ASSESSMENT PA SSED U/S.143(3) FOR THE ASSESSMENT YEARS 2005-06 AND 200 9-10 RESPECTIVELY. 2. THE SOLE, COMMON ISSUE RAISED IN THE GROUNDS OF A PPEAL IN BOTH THE YEARS ARE THAT, THE LD.CIT(A) HAS ERRED IN LAW A ND ON THE FACTS IN CONFIRMING THE DISALLOWANCE U/S.80IB, BY TREATING UNI T-II AT SILVASSA AS BEING FORMED BY SPLIT/RECONSTRUCTION OF THE EXISTING BU SINESS AND THEREFORE, NOT ENTITLED FOR CLAIM OF DEDUCTION. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE SIMILAR MATTER, HAD COME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN ASSESSEES OWN CASE FOR SIMILAR UNIT IN THE ASSESSM ENT YEARS 2002-03, 2003-04, 2004-05, 2006-07, 2007-08 & 2008-09. THE T RIBUNAL VIDE ITS CONSOLIDATED ORDER DATED 18.03.2013 HAS SET ASIDE, TH E MATER TO THE FILE OF THE AO TO CONSIDER THE DEDUCTION U/S. 80IB AFRE SH. HE FURTHER INFORMED THAT IN THE SET ASIDE PROCEEDINGS AND ORDE R GIVING EFFECT TO THE ITATS ORDER, THE ASSESSING OFFICER HAS EXAMINED THE ISSUE AFRESH IN GREAT DETAIL AND HAS ALLOWED THE ASSESSEES CLAI M FOR DEDUCTION AND ALSO THE WORKING OF THE DEDUCTION U/S.80HHC & 80IB. T HEREFORE, IN THE LIGHT OF EARLIER ORDERS, THE ASSESSEES CLAIM SHOUL D BE ALLOWED. THE LD. DR ALSO ACCEPTED THAT THE SIMILAR ISSUE HAS BEEN DECIDE D BY THE AO IN FAVOUR OF THE ASSESSEE, IN PURSUANCE OF THE ITATS OR DER. M/S.SUNRIASE CONTAINERS. LTD. 3 4. AFTER CONSIDERING THE AFORESAID FACTS, IT IS UNDISP UTED FACT THAT, THE SIMILAR ISSUE WAS SET ASIDE BY THE TRIBUNAL TO THE FILE OF THE AO FOR DECIDING IT AFRESH. IN THE SET ASIDE PROCEEDINGS, THE AO, AFTER EXAMINING THE ASSESSEES CLAIM HAS ALLOWED THE CLAI M OF DEDUCTION U/S.80IB, IN RESPECT OF THE NEW UNIT-II AT SILVASA. AC CORDINGLY, WE ALSO SET ASIDE THE MATTER TO THE FILE OF THE AO TO DEAL AND D ECIDE THE ISSUE IN LINE OF HIS EARLIER ORDER PASSED IN SET ASIDE PRO CEEDING PASSED IN PURSUANCE OF ITATS ORDER. THUS, THE GROUND RAISED B Y THE ASSESSEE FOR BOTH THE ASSESSMENT YEARS ARE TREATED AS PARTLY ALLOW ED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH DAY OF MARCH 2015. SD/- SD/- SD/ - . D. KRUNAKARA RAO ACCOUNTANT MEMBER SD/ - '# $ % & AMIT SHUKLA JUDICIAL MEMBER MUMBAI, )* DATED: 11.03.2015 PATEL M/S.SUNRIASE CONTAINERS. LTD. 4 )* # '-. /.' / COPY OF THE ORDER FORWARDED TO : (1) !' / THE ASSESSEE; (2) % / THE REVENUE; (3) & 0'( ) / THE CIT(A); (4) & 0' / THE CIT, MUMBAI CITY CONCERNED; (5) .34 '5, ( 5, & ' / THE DR, ITAT, MUMBAI; (6) 4 7' / GUARD FILE. . ' ' / TRUE COPY )* & / BY ORDER 8 / 9 % / (DY./ASSTT. REGISTRAR) ( 5, & ' / ITAT, MUMBAI