Crystal Quinone Pvt. Ltd., Ahmedabad V. The Dy.CIT(OSD),Range-1, Ahmedabad

ITA 3530/AHD/2007

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0543 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-02-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 20-08-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Assessee Lawyers: M G PATEL
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD A BENCH BEFORE: SHRI D.K. TYAGI JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTA NT MEMBER CRYSTAL QUINONE PVT. LTD. (APPELLANT) PAN NO. VS. DCIT(OSD), RANGE 1 AHMEDABAD (RESPONDENT) REVENUE BY : SRI RAHUL KUMAR, SR. D.R. ASSESSEE BY : SRI M.G. PATEL, A.R. DATE OF HEARING : 22-02-2013 DATE OF PRONOUNCEMENT : 28-02-2013 / ORDER PER : D.K TYAGI, JUDICIAL MEMBER:- THIS IS THE ASSESSEES APPEAL AGAINST THE ORDER OF LD. CIT(A)-V AHMEDABAD, DATED 15-06-2007. I.T.A. NO. 3530/AHD/2007 A.Y.:-2004-05 ITA NO. 3530/AHD/2007 A.Y. 2004-05 PAGE NO CRYSTAL QUINONE PVT. LTD. VS. DCIT 2 2. THIS IS A RECALLED MATTER AND ONLY GROUND NO. 2 OF ASSESSEES APPEAL IS TO BE ADJUDICATED BY US WHICH READS AS UNDER:- 1. THE LD. CIT(A) HAS ERRED IN HOLDING THAT NO DED UCTIONS IS AVAILABLE U/S 80HHC OF THE ACT IN RESPECT OF DEBP INCOME OF RS. 94,76,964/- 3. AT THE TIME OF HEARING BOTH THE PARTIES AGREED T HAT THE MATTER BE SET ASIDE TO THE FILE OF A.O. FOR FRESH ADJUDICATION IN THE LIGHT OF JURISDICTIONAL HIGH COURTS DECISION IN THE CASE OF AVANI EXPORTS AND OTHERS VS. CIT REPORTED IN (2012) 348 ITR 391(GUJ). WE HOLD ACC ORDINGLY. 4. IN THE RESULT, THIS GROUND OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (T.R. MEENA) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 28 /02/2013 A.K. / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. / CONCERNED CIT 4. - / CIT (A) 5. , ! , '# / DR, ITAT, AHMEDABAD 6. $% &' / GUARD FILE. BY ORDER/ , ( / ' ) ! , '#