ITO, Nahan V. Sh. Pawan Aggarwal, Kala Amb

ITA 33/CHANDI/2012

• Counselvise Citation: 3321514 RSA 2012
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 10-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAI SHREE SHARMA
• Assessee Lawyers: VIKRANT KAKRIA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACOUNTANT MEMBER ITA NO. 33/CHD/2012 ASSESSMENT YEAR: 2008-09 THE ITO, VS SHRI PAWAN KUMAR AGGARWAL, NAHAN. PROP.SHREE PREM WIRE, KALA AMB (H.P.). PAN NO. AGNPA6847J (APPELLANT) (RESPONDENT) APPELLANT BY : SMT JAISHREE SHARMA RESPONDENT BY: SHRI VIKRANT KAKRIA DATE OF HEARING : 15.02.2012 DATE OF PRONOUNCEMENT : 23.02.2012 ORDER PER SUSHMA CHOWLA, JM THE APPEAL BY THE REVENUE IS AGAINST THE ORDER OF CIT(A), SHIMLA DATED 13.10.2011 RELATING TO ASSESSMENT YEAR 2008-0 9 AGAINST THE ORDER PASSED UNDER SECTION 143(3) OF THE I.T. ACT. 2. THE REVENUE HAS RAISED THE FOLLOWING GROUND OF A PPEAL: 1. ON THE FACTS AND IN THE CIRCUMSTANCES, THE LD. CIT(A) HAS ERRED IN ALLOWING THE DEDUCTION OF RS.67,25,830 /- CLAIMED U/S 80IC OF I.T.ACT, 1961. 3. THE ONLY ISSUE RAISED IN THE PRESENT APPEAL IS RELATING TO ELIGIBILITY OF CLAIM OF DEDUCTION U/S 80IC OF THE ACT.. 2 4. THE LD. AR FOR THE ASSESSEE AT THE OUTSET SUBMIT TED THAT THE ISSUE RAISED IN THE APPEAL IS COVERED BY THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE RELATING TO ASSESSMENT YEARS 2005-06 & 200 6-07. THE LD. DR FAIRLY CONCEDED THAT SIMILAR ISSUE HAS BEEN DECIDED BY TRIBUNAL. 5. WE FIND THAT THE APPEAL OF THE ASSESSEE HAS BEEN ADJUDICATED BY THE TRIBUNAL VIDE ORDER DATED 30.11.2009 IN ITA NO. 662 /CHANDI/2009 AND OTHERS AND ITA NO.1190/CHD/2009 VIDE ORDER DATED 13 .1.2010 ALLOWED THE APPEAL OF THE ASSESSEE. FURTHER, THE TRIBUNAL IN I TA NO. 1223/CHD/2010 VIDE ORDER DATED 1.12.2010 ALLOWED THE DEDUCTION CL AIMED U/S 80 IC OF THE ACT. THE LD. COUNSEL FOR THE ASSESSEE HAS PLACED O N RECORD COPIES OF THE ORDERS OF THE TRIBUNAL IN THIS REGARD. 6. IN VIEW OF THE AFORESAID, THE GROUND RAISED IN T HIS APPEAL RELATING TO THE CLAIM OF THE ASSESSEE FOR DEDUCTION U/S 80 IC O F THE ACT IS ALLOWABLE. THE PROCESS UNDERTAKEN BY THE ASSESSEE FOR MANUFACT URE OF G.I. WIRES WAS HELD TO BE NOT AMOUNTING TO MANUFACTURE. THIS P RINCIPAL ARGUMENT OF THE REVENUE HAS NOT BEEN ACCEPTED BY THE TRIBUNAL I N ITS ORDERS DATED 30.11.2009, 13.1.2010 AND 1.12.2010 IN ASSESSEES O WN CASE. FOLLOWING THE EARLIER ORDER OF THE TRIBUNAL, WE UPHOLD THE OR DER OF CIT(A) IN ALLOWING THE CLAIM OF DEDUCTION U/S 80 IC OF THE A CT AND DISMISS THE GROUNDS OF APPEAL RAISED BY THE REVENUE. 7. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF FEBRUARY, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 23 RD FEBRUARY, 2012 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH