Thomson Press (India) Limited, New Delhi V. ACIT, New Delhi

ITA 4276/DEL/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5566 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 24-02-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 05-11-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURBHI VERMA G ARG
• Assessee Lawyers: PRAVEEN MITTA L
• Section: 143(3); 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H DELHI BEFORE SHRI K.G. BANSAL AND SHRI GEORGE MATHAN ITA NO. 4276(DEL)/2009 ASSESSMENT YEAR: 2004-05 THOMSON PRESS (INDIA) LTD., A SSTT.COMMISSIONER OF INCOME 9K BLOCK, CONNAUGHT CIRCUS, VS. TAX, C IRCLE 16(1), NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PRAVEEN MITTA L RESPONDENT BY : SMT. SURBHI VERMA G ARG, SR. DR ORDER PER K.G. BANSAL : AM THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER OF THE CIT(APPEALS)-XIX, NEW DELHI, PASSED ON 2.9.2009 IN APPEAL NO. 162/06-07 AND IT PERTAINS TO ASSESSMENT YEAR 2004-05. THE CORRESPONDING ASSESSMENT ORDER WAS FRAMED BY TH E ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-16(1), NEW DE LHI, ON 26.12.2006 UNDER THE PROVISIONS OF SECTION 143(3) OF THE I NCOME-TAX ACT, 1961. THE ASSESSEE HAS TAKEN UP ONLY ONE SUBSTANTIVE GR OUND IN THE APPEAL TO THE EFFECT THAT THE LD. CIT(APPEALS) HAS GONE WRONG IN CALCULATING DEDUCTION U/S 80-HHC OF THE INCOME-TAX ACT, 1961, BY CONSI DERING THE PROFITS OF BUSINESS AFTER REDUCING DEDUCTION U/S 80IB OF THE ACT. IT WAS THE COMMON CASE OF BOTH THE PARTIES THAT THIS ISSU E STANDS DECIDED AGAINST ITA NO. 4276(DEL)/2009 2 THE ASSESSEE BY THE ORDER OF C BENCH OF DELHI TRIBUNAL IN THE CASE OF THE ASSESSEE ITSELF FOR ASSESSMENT YEAR 2003-0 4 IN ITA NO. 2128(DEL)/2007 DATED 11.9.2009, A COPY OF WHIC H WAS PLACED BEFORE US. THE RELEVANT PARAGRAPH NO. 5 OF THE ORDER O F THE TRIBUNAL IN THAT APPEAL IS REPRODUCED BELOW FOR READY REFERENC E:- 5. IN THIS VIEW OF THE MATTER, RESPECTFULLY FOLLOWING THE DECISION OF THE ITAT, SPECIAL BENCH, NEW DELHI IN THE CASE OF ACIT, RANGE-II, MORADABAD VS. HINDUSTAN MINT & AGRO PRODUCTS PVT. LTD., CHANDAUSI & ORS. (SUPRA), THE ISSUE INVOLVED IN GROUNDS OF APPEAL TAKEN BY THE AS SESSEE IS DECIDED IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE AND THE ORDERS OF THE TAX AUTHORITIES BELOW ARE UPHELD. 2. RESPECTFULLY FOLLOWING THE AFORESAID ORDER, TH E ISSUE IS DECIDED IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE . 3. IN THE RESULT, THE APPEAL IS DISMISSED. 4. THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 24TH FEBRUARY, 2010 SOON AFTER COMPLETION OF THE HEARING. SD/- SD/- (GEORGE MATHAN) (K.G.BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE OF ORDER: 24TH FEBRUARY, 2010. SP SATIA ITA NO. 4276(DEL)/2009 3 COPY OF THE ORDER FORWARDED TO:- 1. M/S THOMSON PRESS (INDIA) LTD., NEW DELHI. 2. ASSTT. CIT, CIRCLE 16(1), NEW DELHI. 3. CIT(A) 4. CIT- NEW DELHI. 5. DR, ITAT, NEW DELHI. ASSISTANT REGISTRA R.