The DCIT, Circle-4(1)(1), , Ahmedabad V. M/s. Shilp Gravures Ltd., Ahmedabad

ITA 408/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6066 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 22-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALBINUS TIRKEY
• Assessee Lawyers: R T SHAH

Judgement Text

ITA NO.408/AHD/2016 A.Y. 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA NO.408/AHD/2016 ASSESSMENT YEAR: 2012-13 DY. COMMISSIONER OF INCOME TAX, VS. SHILP GRAVURES LIMITED, CIRCLE - 4(1)(1), AHMEDABAD. 101, KASHI PAREKH CO MPLEX, B/H. BHAGWATI CHAMBERS, CG ROAD, NAVRANGPURA, AHMEDABAD - 380 009. [PAN AADCS 0868 G] (APPELLANT) (RESPONDENT) APPELLANT BY : ALBINUS TIRKEY, SR. D.R. RESPONDENT BY : R.T. SHAH, A.R. DATE OF HEARING : 21.02.2018 DATE OF PRONOUNCEMENT : 23.02.2018 O R D E R PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE CIT(A)-8, AHMEDABAD DATED 17.12.2015 PERTAINING TO ASSESSMENT YEAR 2012-13. 2. THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE CI T(A) ERRED IN DELETING THE DISALLOWANCE UNDER SECTION 80IA OF THE INCOME TAX A CT, 1961 AMOUNTING TO RS.68,69,317/- MADE BY THE ASSESSING OFFICER. 3. AT THE VERY OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE STATED THAT THE IMPUGNED ISSUE HAS BEEN DECIDED BY THE TRIBUNAL IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE IN ASSESSMENT YEARS 2009-10 & 2 010-11. THE LEARNED DEPARTMENTAL REPRESENTATIVE COULD NOT BRING ANY DIS TINGUISHING DECISION IN FAVOUR OF THE REVENUE. 4. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE ORDERS OF THE AUTHORITIES BELOW QUA THE ISSUE. WE FIND FORCE IN THE CONTENTI ON OF THE LEARNED COUNSEL. A SIMILAR ISSUE WAS CONSIDERED BY THE TRIBUNAL IN ITA NO.2018/AHD/2013 FOR THE ITA NO.408/AHD/2016 A.Y. 2012-13 PAGE 2 OF 2 ASSESSMENT YEAR 2010-11 AND IN ITA NO.2290/AHD/2012 FOR THE ASSESSMENT YEAR 2009-10. THE RELEVANT FINDING OF THE TRIBUNAL READ S AS UNDER :- 9. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE FACTS IN ISSUES AND THE ORDERS OF THE AUTHORITIES BELOW. WE FIND TH AT THE FACTS OF THE CASE IN HAND ARE IDENTICAL TO THE FACTS WHICH WERE BEFORE THE HON'BLE HIGH COURT OF MADRAS IN THE CASE OF VELAYUDDHASWAMY SPINNING MILLS PVT. LTD. WE FIND THAT THE FIRST APPELLATE AUTHORIT Y HAS DRAWN SUPPORT FROM THE DECISION OF THE HON'BLE MADRAS HIGH COURT AND HAS RIGHTLY HELD THE ASSESSEE ELIGIBLE FOR THE CLAIM OF DEDUCTION U/ S. 80IA OF THE ACT. WE, THEREFORE, DECLINE TO INTERFERE. GROUND NO.1 IS ACC ORDINGLY DISMISSED. 5. RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO-OR DINATE BENCH, WE DO NOT FIND ANY ERROR OR INFIRMITY IN THE FINDINGS OF THE CIT(A ). 6. APPEAL FILED BY THE REVENUE IS ACCORDINGLY DISMI SSED. (ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF FEBRUARY, 2018) SD/- SD/- RAJPAL YADAV N.K. BILLAIYA (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 23 RD DAY OF FEBRUARY, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDEN T (3) CIT (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER E COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD