M/s.Cochin Frozen Foods P.Ltd, Alappuzha V. The ACIT, Ernakulam

ITA 383/COCH/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7693 (ITAT-COCHIN)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2016
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 17-08-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 21-08-2014
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ
• Assessee Lawyers: K P PAULSON
• Section: 80HHC; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI B.P. JAIN, ACCOUNTANT MEMBER I.T.A. NO. 38 1 - 383 /COCH/201 4 ASSESSMENT YEAR S : 200 2 - 03, 2003 - 04 & 2004 - 05 M/S. COCHIN FROZEN FOODS P. LTD., IV/475, AROOKUTTY FERRY ROAD, AROOR P.O., ALAPPUZHA-683 534. [PAN: AAACC 8506G] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(3), ERNAKULAM. (ASSESSEE - APPELLANT) (REVE NUE - RESPONDENT) ASSESSEE BY SHRI K.P. PAULSON, CA REVENUE BY SHRI A. DHANARAJ , SR. DR DATE OF HEARING 21 / 0 9 / 201 6 DATE OF PRONOUNCEMENT 22 / 0 9 /201 6 O R D E R PER B.P. JAIN, ACCOUNTANT MEMBER: THESE APPEALS OF THE ASSESSEE ARISE FROM THE OR DER OF THE LD. CIT(A)-V, KOCHI DATED 20/05/2014 FOR THE ASSESSMENT YEAR 2002-03 TO 2004-05. 2. THE GROUNDS OF APPEAL IN THE PRESENT CASE ARE I DENTICAL. HOWEVER WE PROCEED TO TAKE UP THE GROUNDS OF APPEAL OF THE ASSESSEE AS IN I.T.A. NO. 381/COCH/2014 AS UNDER:- I.T.A. NO.381-383/COCH/2014 2 1. HONBLE COMMISSIONER OF INCOME TAX(APPEALS) ERRE D IN LAW AND FACTS BY FAILING TO NOTE THAT THE SUBSEQUENT DECISION OF THE SUPREME COURT/HIGH COURT WHICH CHANGES THE POSITION, THE INTERPRETATION, OR THE UNDERSTANDING OF LAW, CONSTITUTES A SUFFICIENT CAUSE FOR CONDONING DELAY IN FILING THE APPEAL WHERE IT IS ESTABLISHED THAT ON THE DATE OF RECEIPT OF TH E IMPUGNED ORDER, THE FILING OF AN APPEAL WOULD HAVE BEEN AN EMPTY FORMALITY HAV ING REGARD TO THE POSITION OF LAW THEN PREVAILING AS DECIDED IN THE C ASE OF STATE OF ANDHRA PRADESH VS. VENKATARAMANA CHUDAVA & MURUMURA MERCHANT (1986) 159 ITR 59 (AP). 2. THE ORDER OF THE HONBLE CIT(APPEALS) IS OPPOSED TO LAW, WEIGHT OF EVIDENCE, FACTS AND CIRCUMSTANCES OF THE CASE INSOF AR AS IT CONFIRMS THE DISALLOWANCE OF DEDUCTION U/S. 80HHC WITHOUT CONSID ERING THE DECISION OF HONBLE SUPREME COURT OF INDIA IN THE CASE OF TOPMA N EXPORTS VS. COMMISSIONER OF INCOME TAX (2012) 342 ITR 49. 3. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY OF THE ABOVE GROUNDS OF APPEAL. 3. THE ISSUES IN THE PRESENT APPEALS ARE IDENTICAL TO THE ISSUES IN THE ASSESSEES APPEAL IIN I.T.A. NO.380/COCH/2014 WHICH HAS BEEN D ECIDED BY ME ON EVEN DATE AND THEREFORE, MY ORDER IN I.T.A. NO. 380/COCH/2014 OF EVEN DATE SHALL BE IDENTICALLY APPLICABLE IN THE PRESENT APPEALS EXCEP T THE AMOUNT WHICH WILL DIFFER IN THE PRESENT APPEALS ACCORDING TO THE ORDERS OF T HE ASSESSING OFFICER AND LD. CIT(A). THUS ALL THE GROUNDS OF THE ASSESSEE IN ALL THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. I.T.A. NO.381-383/COCH/2014 3 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 22 -09-2016 SD/- (B.P. JAIN) ACCOUNTANT MEMBER PLACE: KOCHI DATED: 22 ND SEPTEMBER, 2016 GJ COPY TO: 1. M/S. COCHIN FROZEN FOODS P. LTD., IV/475, AROOKU TTY FERRY ROAD, AROOR P.O., ALAPPUZHA-683 534. 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1(3), ERNAKULAM. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS)-V, KOCHI . 4. THE COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COC HIN