Diamond Cables Ltd., Baroda V. The ACIT.,Circle-1(1), Baroda

ITA 3024/AHD/2008

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50750 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 03-10-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 26-08-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAY RAJ KUMARD R
• Keywords: Depreciation; Unabsorbed depreciation
• Section: 80IB

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH DAHMEDABAD BEFORE S/SHRI D. K. TYAGI, J.M. AND A. K. GARODIA, A.M. ITA NO.3024/AHD/2008 ASST. YEAR 2003-04 DIAMOND CABLES LTD., 5/12, BIDC, GORWA, BARODA. VS. ASSTT. CIT, CIR-1(1), BARODA. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- NONE RESPONDENT BY:- SHRI JAYRAJ KUMAR,DR DATE OF HEARING : 3/10/2011 DATE OF PRONOUNCEMENT :3/10/2011 O R D E R PER A. K. GARODIA, ACCOUNTANT MEMBER. THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED A GAINST THE ORDER OF LD. CIT(A) I, BARODA, DATED 13.6.2008 FOR ASST. YE AR 2003-04. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER :- (1) THE LD. CIT(A) ERRED IN LAW AND IN FACTS HAS CONFIR MED THAT THE DEDUCTION UNDER SECTION 80IB OF THE I T ACT, 1961 I N RESPECT OF SILVASA UNIT ON THE GROUND THAT NO GROSS PROFIT AVA ILABLE AFTER GIVING EFFECT TO BROUGHT FORWARD UNABSORBED BUSINES S LOSS AND UNABSORBED DEPRECIATION OF EARLIER YEARS. (2) THE LD. CIT(A) ERRED IN LAW AND IN FACTS HAS CONFIR MED THE ALLOCATION OF INDIRECT EXPENSES BETWEEN THE TWO MAN UFACTURING UNITS VIZ., BARODA AND SILVASA IN THE RATIO OF TURN OVER. ITA NO.3024/AHD/2008 ASST. YEAR 2003-04 2 (3) THE LD. CIT(A) ERRED IN LAW AND IN FACTS HAS CONFIR MED THE ADDITIONS OF RS.1,00,95,217/- ON ACCOUNT OF SALES-T AX DEFERMENT LOAN AND HAS ALTERNATIVELY SET ASIDE THE ISSUE FOR ALLOWING THE DEDUCTION OF SALES TAX PAID UPTO THE DATE OF FILING OF THE IT RETURN. 3. THIS CASE WAS LAST FIXED FOR HEARING ON 17/8/201 1. ON THAT DATE THERE WAS A REQUEST FROM THE LD. AR OF THE ASSESSEE FOR ADJOURNMENT. ON HIS REQUEST HEARING WAS ADJOURNED TO 3 RD OCTOBER, 2011 AND THE DATE OF HEARING WAS PRONOUNCED IN THE OPEN COURT. ON THE NE XT DATE I.E. ON 3.10.2011 NONE APPEARED ON BEHALF OF THE ASSESSEE A ND THERE WAS NO REQUEST FOR ADJOURNMENT. UNDER THESE CIRCUMSTANCES, IT SEEMS TO US THAT THE ASSESSEE IS NOT VERY SERIOUS IN PURSUING THE AP PEAL. THEREFORE, FOLLOWING THE DECISION OF ITAT DELHI BENCH IN THE C ASE OF CIT VS MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DEL) WE DI SMISS THE APPEAL OF THE ASSESSEE IN LIMINE. 3. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISM ISSED. THE ORDER WAS ALREADY PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING ITSELF I.E. ON 3.10.2011. SD/- SD/- (D. K. TYAGI) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, MAHATA/- ITA NO.3024/AHD/2008 ASST. YEAR 2003-04 3 COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 1.DATE OF DICTATION 4/10/11. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 5/10/11. /OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..