DCIT, New Delhi V. M/s. Indian Vaccines Corporation Ltd., New Delhi

ITA 382/DEL/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59010 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-03-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 24-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Business expenditure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH C BENCH C BENCH C BENCH C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI A.D.JAIN A.D.JAIN A.D.JAIN A.D.JAIN, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO.382/DEL/2012 382/DEL/2012 382/DEL/2012 382/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2007 2007 2007 2007- -- -08 0808 08 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -11(1), 11(1), 11(1), 11(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS VSVS VS. .. . M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION LIMITED, LIMITED, LIMITED, LIMITED, B BB B- -- -413, ANSAL CHAMBER 413, ANSAL CHAMBER 413, ANSAL CHAMBER 413, ANSAL CHAMBER- -- -I, I,I, I, BHIKAJI CAMA PLACE, BHIKAJI CAMA PLACE, BHIKAJI CAMA PLACE, BHIKAJI CAMA PLACE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 066. 110 066. 110 066. 110 066. PAN : AAACI0836K. PAN : AAACI0836K. PAN : AAACI0836K. PAN : AAACI0836K. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ALOK SINGH, SR.DR. RESPONDENT BY : SHRI GAUTAM JAIN, CA. ORDER ORDER ORDER ORDER PER G. PER G. PER G. PER G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VP VPVP VP : : : : THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF LEARNED CIT(A)-XI, NEW DELHI DATED 3 RD NOVEMBER, 2011 FOR THE AY 2007-08. 2. THE ONLY GROUND RAISED BY THE REVENUE IN THIS AP PEAL READS AS UNDER:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN RESTRICTING THE ADD ITION OF RS.28,66,103/- TO THE EXTENT OF RS.8,21,636/- MA DE ON ACCOUNT OF DISALLOWANCE OF BUSINESS EXPENSES. 3. AT THE TIME OF HEARING BEFORE US, THE LEARNED CO UNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE RAISED IN THIS RE VENUES APPEAL IS IDENTICAL TO THE ISSUE IN THE REVENUES APPEAL I N ASSESSEES ITA-382/DEL/2012 2 OWN CASE IN ITA NO.1188/DEL/2011 FOR AY 2002-03 WHIC H HAS BEEN HEARD BY THE SAME BENCH OF THE TRIBUNAL ON 26 TH MARCH, 2012. HE SUBMITTED THAT THE OUTCOME OF THE SAID APPEAL OF TH E REVENUE FOR AY 2002-03 MAY ALSO BE APPLIED IN THIS APPEAL ALSO. 4. THE LEARNED DR ALSO AGREED TO THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5. WE HAVE HEARD THE SUBMISSIONS OF BOTH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. IT IS OBSER VED THAT THE IDENTICAL ISSUE AS RAISED IN THIS APPEAL WAS INVOLV ED IN THE APPEAL OF THE REVENUE IN ASSESSEES OWN CASE IN ITA NO.118 8/DEL/2011 & OTHERS FOR THE AY 2002-03 WHICH WAS HEARD BY US ON 2 6 TH MARCH, 2012. VIDE ORDER DATED 30 TH MARCH, 2012, IN ITA NO.1188/DEL/2011, WE HAVE REJECTED THE GROUND RAISE D BY THE REVENUE WHILE UPHOLDING THE ORDER OF LEARNED CIT(A) . FOLLOWING THE SAID ORDER OF THE TRIBUNAL, WE DO NOT FIND ANY JUSTIFICATION TO INTERFERE WITH THE ORDER OF LEARNED CIT(A) IN THIS CASE ALSO. THE SAME IS SUSTAINED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 30 TH MARCH, 2012. SD/- SD/- ( (( (A.D.JAIN A.D.JAIN A.D.JAIN A.D.JAIN) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBE MEMBE MEMBE MEMBER RR R VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 30.03.2012 VK. COPY FORWARDED TO: - 1. APPELLANT ITA-382/DEL/2012 3 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR