DCIT, New Delhi V. M/s. Visual Technology (India) Pvt. Ltd, New Delhi

ITA 3214/DEL/2009

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1733 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2015
• Appeal Filed By: Department
• Bench Allotted: D
• Next Hearing Date: 08-02-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 15-07-2009
• Court: TRIBUNAL
• Department Lawyers: J P CHANDREKAR
• Keywords: Opportunity of being heard; Question of law

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : H : NEW DELHI BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO . 3214/DEL/2009 ASSESSMENT YEAR: 2006 - 07 DY. COMMISSIONER OF INCOME VS. M/S VUSUAL TECHNOLOGIES(INDIA) TAX, CIRCLE - 17(1), NEW DELHI PVT. LTD., 370 - 391/2, FIRST FLOOR, HOSPITAL ROAD, JANGPURA, NEW DELHI. (PAN: AAACV0426B ) (APPELLANT) (RESPONDENT) APPELLANT BY : SH. J.P. CHANDREKAR, SR. DR RESPONDENT BY: SH. RAJ KUMAR GUPTA, CA DATE OF HEARING: 30.06.2015 DATE OF PRONOUNCEMENT: 12.08.2015 ORDER PER INTURI RAMA RAO, A.M. : THIS APPEAL ARISES OUT OF THE MATER THAT HAD BEEN SET ASIDE TO THIS TRIBUNAL BY THE HON BLE DELHI HIGH COURT VIDE ITS ORDER DATED 3 RD JANUARY, 2012 WITH THE FOLLOWING DIRECTION: 11. THE ASSESSEE MAY BE ELIGIBLE UNDER SECTION 80IC BUT THE QUANTUM OF DEDUCT ION IS AN INCIDENTAL BUT AN IMPORTANT ASPECT WHICH MUST BE CONSIDERED AND EXAMINED. THE TRIBUNAL DID NOT EXAMINE THE SAID ASPECT IN SPITE OF THE FACTUAL MATRIX REFERRED TO AND STATED IN THE ASSESSMENT ORDER. THE DATE AND DETAILS IN THE ASSESSMENT ORDER REM AIN UNCONTROVERED AND NOT ADVERSELY COMMENTED UPON. THE TRIBUNAL WITHOUT EXAMINATION HAS UPHELD THE ORDER OF THE CIT(A), WHICH ENTITLES THE ASSESSEE CLAIM DEDUCTION OF RS . 83,60,017/ - UNDER SECTION 80IC FOR THE ASSESSMENT YEAR 2006 - 07. THE QUESTION OF QUANTUM OF DEDUCTION WAS NOT EXAMINED BY THE TRIBUNAL. 2 12. ACCORDINGLY, THE AFORESAID QUESTION OF LAW IS ANSWERED IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE. 13. THE MATTER IS REMITTED TO THE TRIBUNAL TO DECIDE AFRESH THE QUANTUM OF DEDUCTION UNDER SECTION 80IC OF THE ACT. THE APPEAL IS DISPOSED OF. NO COSTS. 2. AFTER HEARING BOTH THE PARTIES, WE REMIT THE ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION THAT THE CLAIM FOR DEDUCTION UNDER SECTION 80IC SHALL BE CONSIDERED AFRESH AFTER AFFORDING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE COMPANY. ACCORDINGLY, THE APPEAL IS DISPOSED OF. 3. IN THE RESULT, THE APPEAL IS DISPOSED OF. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 1 2 T H A U G U S T , 2015. S D / - S D / - ( I.C. SUDHIR ) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 2 T H A U G U S T , 2015. RK/ - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI