ACIT Corporate Circle 5(2), CHENNAI V. Ply Technology Pvt. Ltd., CHENNAI

ITA 2792/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5242 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 20-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN
• Assessee Lawyers: M KARUNAKARAN
• Section: 143(3); 10B

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY , JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO. 2792/CHNY/2017 / ASSESSMENT YEAR : 2011-12 ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE -5(2), CHENNAI 600 034. VS. M/S. PLY TECHNOLOGY PVT. LTD., AA-9, N.NO. 83 2 ND AVENUE, 2 ND FLOOR, ANNA NAGAR, CHENNAI 600 040. [PAN: AAFCP 1194C] ( / APPELLANT) ( / RESPONDENT) REVENUE BY : SHRI. N. MADHAVAN, JCIT ASSESSEE BY : SHRI. M. KARUNAKARAN, ADVOCATE + /DATE OF HEARING : 05.04.2018 + /DATE OF PRONOUNCEMENT : 09.04.2018 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI IN ITA NO. 113/16-1 7/A-3 DATED 30.08.2017 FOR ASSESSMENT YEAR 2011-12. 2. M/S. PLY TECHNOLOGY SOLUTION PVT. LTD., THE ASSE SSEE, IS AN 100% EOU COMPANY EXPORTING COMPUTER SOFTWARE. IN THE ASSESS MENT MADE U/S. 143(3) :-2-: ITA NO: 2792/CHNY/2017 R.W. 263 FOR ASSESSMENT YEAR 2011-12, THE ASSESSING OFFICER DISALLOWED DEDUCTION CLAIMED U/S. 10B AND COMPLETED THE ASSESS MENT. AGGRIEVED, THE ASSESSEE FILED AN APPEAL AND THE CIT(A) ALLOWED THE APPEAL. AGGRIEVED, THE REVENUE FILED THIS APPEAL. 3. WE HEARD THE RIVAL SUBMISSIONS. THE ASSESSEE IS A 100% EXPORT ORIENTED UNIT EXPORTING COMPUTER SOFTWARE. ITS ASS ESSMENT FOR ASSESSMENT YEAR 2011-12 WAS COMPLETED U/S. 143(3). THAT ASSES SMENT ORDER WAS SUBJECT MATTER OF AN ACTION U/S. 263, THE PCIT SET ASIDE TH E ORDER U/S. 263. CONSEQUENTLY, THE AO DISALLOWED THE DEDUCTION CLAIM ED BY THE ASSESSEE U/S. 10B. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFOR E THE CIT(A). BEFORE THE CIT(A), THE ASSESSEE SUBMITTED THAT THE ORDER PASSE D BY THE PCIT U/S. 263 WAS SET ASIDE BY THE HONBLE ITAT IN ITS ORDER IN I TA NO. 559/MDS/2016 DATED 27.07.2016, ALLOWED THE ASSESSEES APPEAL AND GRANT ED DEDUCTION U/S. 10B AS CLAIMED BY THE ASSESSEE. THEREFORE, THE ASSESSEE P RAYED FOR RELIEF U/S. 10B. THE CIT(A) FOLLOWING THE ORDER OF THE ITAT, SUPRA, ALLOWED THE APPEAL. WHEN ORDER PASSED U/S. 263 IS SET ASIDE, THE CONSEQUENTI AL ORDER PASSED BASED ON THE ORDER U/S. 263 HAS NO BASIS. IN THE FACTS AND CIRCUMSTANCES, WE DO NOT FIND ANY MERIT IN THE REVENUES APPEAL AND HENCE, T HE REVENUES APPEAL IS DISMISSED. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . :-3-: ITA NO: 2792/CHNY/2017 ORDER PRONOUNCED ON MONDAY, THE 09 TH DAY OF APRIL, 2018 AT CHENNAI. SD/- ( . ' ) (DUVVURU RL REDDY) $% /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) % /ACCOUNTANT MEMBER /CHENNAI, 0 /DATED: 09 TH APRIL, 2018 JPV +23454 /COPY TO: 1. 7 / APPELLANT 2. 297 /RESPONDENT 3. : ) ( /CIT(A) 4. : /CIT 5. 42 /DR 6. = /GF