Deputy Commissioner of Income-tax, Circle - 8, Pune V. M/s. Anusuya Autopress Parts Ltd, Pune

ITA 384/PUN/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8633 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 21-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI C.M. GARG, JUDICIAL MEMBER आयकर अपील सं. / ITA No.384/PUN/2018 िनधा रण वष / Assessment Year : 2013-14 DCIT, Circle-8, Pune Vs. M/s. Anusuya Autopress Parts Ltd., Gat No.388, Mahalunge Village, Tal-Khed, Talegaon Chakan Road, Pune 410 501 PAN : AACCA3246K Appellant Respondent आदेश / ORDER PER R.S.SYAL, VP : This appeal by the Revenue arises out of the order passed by the CIT(A)-6, Pune on 10-11-2017 in relation to the assessment year 2013-14. 2. The only issue raised in this appeal is against the deletion of disallowance on account of deduction u/s.80IC of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in spite of the AO’s opinion of the assessee having not fulfilled all the requisite conditions as envisaged in section 80IC(4) of the Act. Assessee by : Shri Kishor Phadke Revenue by : Shri Piyush Kumar Singh Yadav Date of hearing : 12-11-2021 Date of pronouncement : 12-11-2021 ITA No.384/PUN/2018 M/s. Anusuya Autopress Parts Ltd., 2 3. Briefly stated, the facts of the case are that the assessee is a manufacturer of Automobile and Auto parts. A return was filed declaring total income at Rs.8.25 crore. The assessee claimed deduction u/s.80IC at Rs.2,53,04,299/-. The Assessing Officer (AO) observed that the assessee purchased old plant and machinery in the same way in which it was done for the preceding year for which he rejected the claim of the deduction. He, therefore, disallowed the amount of deduction at Rs.2.53 crore. The ld. CIT(A) accepted the assessee’s claim following his own view for the assessment year 2012-13, against which the Revenue has come up in appeal before the Tribunal. 4. We have heard both the sides and gone through the relevant material on record. It is seen that both the authorities below have followed their respective views as taken for the assessment year 2012- 13. Such immediately preceding year came up for consideration before the Tribunal. Vide order dated 03-01-2019 in ITA No.301/PUN/2017, the Tribunal has echoed the view point of the ld. CIT(A) accepting the claim of deduction u/s.80IC. Both the sides are in agreement that the facts and circumstances for the instant year are ITA No.384/PUN/2018 M/s. Anusuya Autopress Parts Ltd., 3 similar. Respectfully following the precedent, we uphold the impugned order on this score. 5. In the result, the appeal is dismissed. Order pronounced in the Open Court on 12 th November, 2021. Sd/- Sd/- (C.M. GARG) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 12 th November, 2021 Satish आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent; 3. The CIT(A)-6, Pune 4. 5. 6. The Pr.CIT-5, Pune DR, ITAT, ‘B’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No.384/PUN/2018 M/s. Anusuya Autopress Parts Ltd., 4 Date 1. Draft dictated on 12-11-2021 Sr.PS 2. Draft placed before author 12-11-2021 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *