Opti Products Pvt. Ltd., CHENNAI V. ITO, CHENNAI

ITA 330/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2023 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 11-02-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A SUNDARARAJAN
• Assessee Lawyers: D ANAND
• Keywords: Principle of natural justice
• Section: 143(3); 143(1); 13

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A. NO.330/CHNY/2019 / ASSESSMENT YEAR:2011-12 M/S.OPTI PRODUCTS PVT. LTD., NO. 81-B, 2 ND MAIN ROAD, AMBATTUR INDUSTRIAL ESTATE, CHENNAI-600 058. [PAN: AAACO1099E] VS. THE INCOME TAX OFFICER, CORPORATE WARD 5 (1), CHENNAI 600 034. ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI D. ANAND, ADVOCATE / RESPONDENT BY : SHRI A. SUNDARARAJAN, ADDL. CIT / DATE OF HEARING : 05.03.2020 /DATE OF PRONOUNCEMENT : 13.03.2020 / O R D E R PER DUVVURUL RL REDDY, JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 3, CHENNAI DATED 27.12.2018 RELEVANT TO THE ASSESSMENT YEAR 2011-12. THE EFFECTIVE GROUND RAISED IN THE APPEAL OF THE ASSESSEE RELATES TO CONFIRMATION OF DISALLOWANCE OF DEDUCTION CLAIMED UNDER SECTION 80IA(4)(III) OF THE INCOME TAX ACT, 1961 [ACT IN SHORT] OF .61,37,197/-. ITA NO. 330/CHNY/19 2 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME FOR THE ASSESSMENT YEAR 2011-12 ON 12.09.2011 DECLARING TOTAL INCOME OF .5,724/-. THE RETURN FILED BY THE ASSESSEE WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. SUBSEQUENTLY, THE CASE WAS SELECTED FOR SCRUTINY AND AGAINST THE STATUTORY NOTICES, THE ASSESSEE FURNISHED THE DETAILS. ON VERIFICATION OF THE DETAILS FILED BY THE ASSESSEE, THE ASSESSING OFFICER COMPLETED THE ASSESSMENT UNDER SECTION 143(3) OF THE ACT BY ASSESSING TOTAL INCOME OF THE ASSESSEE AT .61,37,197/- AFTER MAKING DISALLOWANCE OF CLAIM OF DEDUCTION UNDER SECTION 80IA(4)(III) OF THE ACT AT .61,37,197/-. ON APPEAL, THE LD. CIT(A) CONFIRMED THE DISALLOWANCE. 3. ON BEING AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE CLAIMED DEDUCTION UNDER SECTION 80IA(4)(III) OF THE ACT IN RESPECT OF PRINCE TATIA INFO PARK, WHICH WAS DENIED BY THE ASSESSING OFFICER. IT WAS FURTHER SUBMISSION THAT AGAINST THE NON-GRANT OF REGISTRATION REQUIRED UNDER SECTION 80IA(4)(III) OF THE ACT, THE ASSESSEE FILED A WRIT PETITION BEFORE THE HONBLE JURISDICTIONAL HIGH COURT IN WP NO.26672/2011 PRAYING FOR ISSUANCE OF NOTIFICATION FOR RECOGNITION FOR CLAIMING THE DEDUCTION UNDER SECTION 80IA(4)(III) OF THE ACT, WHICH IS STILL PENDING TILL NOW AND PRAYED FOR SUITABLE DIRECTION TO RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR RE-ADJUDICATION AFTER DISPOSAL OF THE WRIT ITA NO. 330/CHNY/19 3 PETITION BY THE HONBLE JURISDICTIONAL HIGH COURT. ON THE OTHER HAND, THE LD. DR DID NOT RAISE ANY SERIOUS OBJECTION. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS. IT IS NOTICED THAT THE ASSESSEE HAS FILED WRIT PETITION BEFORE THE HONBLE JURISDICTIONAL HIGH COURT FOR BEING NOTIFIED BY CENTRAL GOVERNMENT IN ACCORDANCE WITH THE INDUSTRIAL PARK SCHEME AND THE ISSUES IN THIS APPEAL ARE AGAINST THE DENIAL OF THE BENEFIT OF DEDUCTION UNDER SECTION 80IA(4)(III) OF THE ACT. THUS, IN THE INTEREST OF NATURAL JUSTICE, THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER TO RE-ADJUDICATE THE ISSUES AFTER THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE WRIT PETITION FILED BY THE ASSESSEE IN WP NO.26672/2011. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 13 TH MARCH, 2020 AT CHENNAI. SD/- SD/- (S JAYARAMAN) ACCOUNTANT MEMBER (DUVVURUL RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 13.03.2020 VM/- /COPY TO: 1. /APPELLANT, 2. / RESPONDENT, 3. ( )/CIT(A), 4. /CIT, 5. /DR & 6. /GF.