ITO, Nahan V. Sh. Sanjeev Kumar Gupta, Kala Amb

ITA 34/CHANDI/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57674 (ITAT-CHANDIGARH)
• 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: MRS VIDHI GOEL
• 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. 34/CHD/2012 ASSESSMENT YEAR: 2008-09 THE ITO, VS SHRI SANJEEV KUMAR GUPTA, NAHAN PROP. SURAJ INDUSTRIES, KALA AMB (H.P.) PAN NO. AAKPG6217H (APPELLANT) (RESPONDENT) APPELLANT BY : SMT JAISHREE SHARMA RESPONDENT BY: MRS.VIDHI GOEL 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 2008-09 AGAI NST 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.19,63,203/- C LAIMED 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.. 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 TRIBUN AL IN ASSESSEES OWN CASE 2 RELATING TO ASSESSMENT YEAR 2006-07. THE LD. DR FA IRLY CONCEDED THAT SIMILAR ISSUE HAS BEEN DECIDED BY TRIBUNAL. 5. WE FIND THAT THE TRIBUNAL IN ITA NOS. 8 & 9/CHD/ 2011 VIDE ORDER DATED 18.2.2011 ALLOWED THE DEDUCTION CLAIMED U/S 80 IC O F THE ACT. THE LD. COUNSEL FOR THE ASSESSEE HAS PLACED ON RECORD COPY OF THE ORDER OF THE TRIBUNAL IN THIS REGARD. 6. THE PROCESS UNDERTAKEN BY THE ASSESSEE FOR MAN UFACTURE OF ENAMELED COPPER WIRE WAS HELD TO BE NOT AMOUNTING TO MANUFA CTURE BY THE ASSESSING OFFICER AND HENCE DENIAL OF DEDUCTION UNDER SECTION 80IC OF THE ACT. THE CIT (APPEALS) ALLOWED THE CLAIM OF DEDUCTION UNDER SECT ION 80IC OF THE ACT IN VIEW OF THE ORDER OF TRIBUNAL. IN VIEW OF THE AFOR ESAID, THE GROUND RAISED IN THIS APPEAL RELATING TO THE CLAIM OF THE ASSESSEE F OR DEDUCTION U/S 80 IC OF THE ACT IS ALLOWABLE. FOLLOWING THE ORDER OF THE TRIB UNAL (SUPRA), WE UPHOLD THE ORDER OF CIT(A) IN ALLOWING THE CLAIM OF DEDUCTION U/S 80 IC OF THE ACT 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