The DCIT, Circle-1(1)(2),, Ahmedabad V. M/s. Cliantha Research Ltd. ( Formerly known as B.A. Research India Ltd.), Ahmedabad

ITA 3483/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6352 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 11-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO. 3483/AHD/2015 (ASSESSMENT YEAR: 2008-09) D.C.I.T., CIRCLE 1(1)(2), AHMEDABAD APPELLANT VS. M/S. CLIANTHA RESEARCH LTD. (FORMERLY KNOWN AS M/S. BA RESEARCH INDIA LTD.), BA RESEARCH HOUSE, OPP. PUSHPARAJ TOWERS, NR. JUDGES BUNGALOWS ROAD, BODAKDEV, AHMEDABAD - 380054 RESPONDENT PAN: AACCB4535A /BY REVENUE : SHRI PRASOON KABRA, SR. D.R /BY ASSESSEE : SHRI JIGAR PATEL, ADV. /DATE OF HEARING : 03.01.2018 /DATE OF PRONOUNCEMENT : 04.01.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2008-09, ARISES AGAINST THE CIT(A)-1, AHMEDABADS ORDER DATED 28.09.2015, IN CA SE NO. CIT(A)VI/DCIT CIR- 1/144/2014-15 NOW 390/CIT(A)-1, REVERSING ASSESSING OFFICERS ACTION DISALLOWING ASSESSEES DEDUCTION CLAIM OF RS.11,79, 98,690/- U/S.80IB(8A), IN PROCEEDINGS U/S.143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961, HEREINAFTER THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO. 3483/AHD/15 [DCIT VS. M/S. CLIANTHA RESEARC H LTD.] A.Y. 2008-09 - 2 - 2. WE NOTICE AT THE OUTSET THAT THE ASSESSING OFFIC ER HAD MADE THE ABOVESTATED SECTION 80IB(8A) DISALLOWANCE IN FURTHERANCE TO THE CIT-1, AHMEDABADS REVISION DIRECTIONS DATED 29.03.2014 THAT AFRESH AS SESSMENT HAD TO BE FRAMED IN ASSESSEES CASE AFTER A DETAILED SCRUTINY OF THE DE DUCTION CLAIM IN QUESTION. CASE RECORD REVEALS THAT THE SAID SECTION 263 ORDER ITSE LF STANDS REVERSED IN ORDER DATED 31.07.2015 REPORTED AS (2015) 61 TAXMANN.COM 57 (AH MEDABAD-TRIB.) STATED TO HAVE BEEN UPHELD BY THE HONBLE JURISDICTIONAL HIGH COURT. THIS FORMS THE PRECISE REASON FOR THE CIT(A) TO ACCEPT ASSESSEES CONTENTI ONS. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE ALL THESE LEGAL DEV ELOPMENTS. WE THEREFORE SEE NO REASON TO ACCEPT REVENUES SOLE SUBSTANTIVE GRIEVAN CE SEEKING TO REVIVE THE SAID DISALLOWANCE. 3. THIS REVENUES APPEAL IS DISMISSED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 04 TH DAY OF JANUARY, 2018.] SD/- SD/- (AMARJIT SINGH) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 04/01/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0