ACIT, CIRCLE-1, Nagpur V. M/S. INFOSPECTRUM INDIA PVT. LTD., Nagpur

ITA 38/NAG/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2173 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-06-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 05-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Assessee Lawyers: L S DEWANI
• Section: 10B; 148

Judgement Text

1 ITA NO. 38/NAG/2015 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO.38/NAG/2015. ASSESSMENT YEAR : 2005 - 06. ASSTT. COMMISSIONER OF INCOME - TAX, M/S INFOSPECTRUM INDIA CIRCLE - 4, NAGPUR. VS. PVT. LTD., NAGPUR. PAN AABCC3521C. APPELLANT. RESPONDENT. APPELLANT BY : SHRI A.R. NINAWE. RESPONDENT BY : SHRI L.S. DEWANI. DATE OF HEARING : 0 9 - 06 - 2016 DATE OF PRONOUNCEMENT : 16 TH JUNE, 2016 O R D E R PER SHRI SHAM IM YAHYA, A.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 09 - 10 - 2014 AND PERTAINS TO ASSESSMENT YEAR 20 05 - 06. THE GROUNDS OF APPEAL READ AS UNDER : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(APPEALS) ERRED IN DELETING THE DISALLOWANCE MADE BY THE ASSESSING OFFICER U/S 10B / 10A OF RS.90,34,925/ - . 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARN ED CIT(APPEALS) ERRED IN ALLOWING FRESH CLAIM OF EXEMPTION U/S 10A OF RS.90,34,925/ - IN REOPENED PROCEEDINGS U/S 148 OF THE INCOME TAX ACT, 1961 IGNORING THE FACT THAT THE PROVISIONS OF SECTION 148 ARE FOR THE BENEFIT OF REVENUE ONLY AND NOT OF THE ASSESS EE AS DECLARED BY THE HONBLE SUPREME COURT IN THE CASE OF COMMISSIONER OF INCOME TAX VS. SUN ENGINEERING WORKS (P) LTD. 198 ITR 297 (SC). 2 ITA NO. 38/NAG/2015 2. AT THE OUTSET IN THIS CASE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT THE I SSUE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE FOLLOWING DECISIONS OF THE TRIBUNAL IN ASSESSEES OWN CASE : 1. ITA NO. 138/NAG/2011 DATED 05 - 09 - 2014 2. ITA NO.176/NAG/2009 DATED 13 - 08 - 2009 3. ITA NO. 81/NAG/2012 DATED 30 - 01 - 2013. 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS AND PERUSED THE RECORDS. UPON CAREFUL CONSIDERATION WE NOTE THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISIONS OF THE TRIBUNAL AS REFERRED TO ABOVE. IN THI S REGARD WE MAY GAINFULLY REFER TO THE DECISION OF THE TRIBUNAL IN ITA NO. 138/NAG/2011 FOR ASSESSMENT YEAR 2007 - 08 VIDE ORDER DATED 05 - 09 - 2014 WHICH READS AS UNDER : 4. THE ASSESSEE COMPANY WHICH IS OPERATING FROM A SEZ HAS CLAIMED DEDUCTION/EXEMPTION U /S 10A FROM ASSESSMENT YEAR 2001 - 02 TO DATE AND WHICH HAS BEEN ALLOWED TO IT VIDE VARIOUS ORDERS OF THE ITAT, NAGPUR BENCH IN ASSESSMENT YEARS 2002 - 03, 2008 - 09 & 2006 - 07. THIS FACT, THE DR ACCEPTED. 5. SINCE THE ABOVE GROUNDS HAVE COMMON STRING OF EXEM PTION U/S 10A, FOLLOWING THE ITAT, NAGPUR BENCH ORDERS, WE DO NOT SEE ANY REASON TO DEVIATE FROM THE DECISIONS ALREADY TAKEN. 6. WE, THEREFORE, REJECT THE GROUNDS TAKEN BY THE DEPARTMENT AS MENTIONED ABOVE. 7. GROUNDS D, F AND H PERTAIN TO FRAMING OF ASS ESSMENT AT A HIGHER FIGURE, NOTWITHSTANDING THE CLAIM OF EXEMPTION U/S 10A. 8. SINCE THE ITAT HAS ALLOWED THE CLAIM OF EXEMPTION U/S 10A, RIGHT FROM ASSESSMENT YEAR 2002 - 03, WHEREIN, THE FIGURES FIRST EMERGED, THERE IS NO JUSTIFICATION OF DISTURBING THE C ONSISTENT APPROACH, WHERE THERE WAS NO CHANGE IN THE FACTS. 9. ON THESE FACTS, WE REJECT THE GROUNDS TAKEN BY THE DEPARTMENT AND SUSTAIN THE ORDER OF THE CIT(A). 3 ITA NO. 38/NAG/2015 4. SINCE NO CASE HAS BEEN MADE OUT BY THE REVENUE THAT THE JURISDICTIONAL HIGH COURT HAS REVERSED THE ORDER OF THE ITAT, RESPECTFULLY FOLLOWING THE PRECEDENT S ABOVE, WE UPHOLD THE ORDER OF LEARNED CIT(APPEALS). 5. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF JUNE , 2016. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 16 TH JUNE, 2016. COPY FORWARDED TO : 1. M/S INFOSPECTRUM INDIA P. LTD. 20, I.T. PARK, OPP. VNIT, PARSODI, NAGPUR - 440022. 2. A.C.I.T., CIRCLE - 4, NAGPUR. 3. C.I.T. I,NAGPUR. 4. CIT(APPEALS), - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE .