I.T.O.-4(2), Agra V. M/s Mudit Ice & Cold Storage Pvt. Ltd., Agra

ITA 442/AGR/2010

• Counselvise Citation: 44220314 RSA 2010
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-10-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 03-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA
• Assessee Lawyers: NAVIN GARGH
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.442/AGR/2010 ASSESSMENT YEAR: 2004-05 INCOME TAX OFFICER 4(2), VS. M/S MUDIT ICE& COL D STORAGE P. LTD., AGRA. 35/36A, CHAKKIPAT, CHHIPITOLA, AGRA. (PAN: AAECM 8411 A). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. SHARMA, JR. D.R. RESPONDENT BY : SHRI NAVIN GARGH, ADVOCATE DATE OF HEARING : 20.10.2011 DATE OF PRONOUNCEMENT : 20.10.2011 ORDER PER H.S. SIDHU, J.M. : THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST TH E IMPUGNED ORDER DATED 25.08.2010 PASSED BY THE LD. CIT(A)-II, AGRA FOR TH E ASSESSMENT YEAR 2004-05 ON THE FOLLOWING GROUNDS OF APPEAL :- 1. THAT THE LD. CIT(A)-2, AGRA HAS ERRED IN LAW AN D ON THE FACTS ALLOWING DEDUCTION U/S 80IB(11) AMOUNTING ` 40,58,387/- WITHOUT APPRECIATING THE FACT THAT THE ASSESSEE COMPANY DOE S NOT FULFILL THE PRESCRIBED CONDITIONS AS LAID DOWN IN THE PROVISION S OF SECTION 80IB OF THE I.T. ACT, 1961. ITA NO.442/AGR/2010 A.Y. 2004-05 2 2. THAT THE ORDER OF LD. CIT(A)-II, AGRA BEING ERRO NEOUS IN LAW AND ON FACTS DESERVES TO BE QUASHED AND THAT OF TH E ASSESSING OFFICER DESERVES TO BE RESTORED. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD OR ALTER ANY OR MORE GROUND OR GROUNDS OF APPEALS AS MAY BE DEEMED FIT A T THE TIME OF HEARING OF APPEAL. 2. THE FACTS NARRATED BY THE DEPARTMENT ARE NOT DIS PUTED BY BOTH THE PARTIES, THEREFORE, NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE LD. FIRST APPELLATE AUTHORITY HAS DECIDED THE ISSUE IN DISPUTE IN FAVOUR OF THE ASSESSEE BY FOLLOWING THE ORDER OF THIS BENCH DATED 25.04.20 08 PASSED IN ITA NOS.342/AGR/2004 & 298/AGR/2006 IN THE CASE OF ITO 4(1) VS. M/S AMBIKA SHEET GRAH (P) LIMITED. HE FURTHER STATED THAT AGAINST T HE AFORESAID ORDER OF THIS BENCH DATED 25.04.2008, THE HONBLE JURISDICTIONAL HIGH C OURT HAS DISMISSED THE DEPARTMENTAL APPEAL BY UPHOLDING THE ORDER OF THIS BENCH ON 10.08.2011. HE HAS ALSO FILED COPIES OF THESE ORDERS AND REQUESTED THA T THE APPEALS FILED BY THE REVENUE MAY BE DISMISSED. 4. ON THE CONTRARY, THE LD. DEPARTMENTAL REPRESENTA TIVE RELIED UPON THE ORDER PASSED BY THE ASSESSING OFFICER. ITA NO.442/AGR/2010 A.Y. 2004-05 3 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE ORDER OF THIS BENCH DATED 2 5.04.2008 PASSED IN ITA NOS.342/AGR/2004 & 298/AGR/2006 IN THE CASE OF ITO 4(1) VS. AMBIKA SHEET GRAH (P) LIMITED AS WELL AS THE ORDER OF HONBLE JURISDI CTIONAL HIGH COURT PASSED IN CASE NO.385 OF 2008 IN THE APPEAL FILED BY THE DEPA RTMENT IN CIT VS. M/S AMBIKA SHEET GRAH P. LTD. WE ARE OF THE CONSIDERED OPINIO N THAT THE ISSUE IN DISPUTE HAS ALREADY BEEN DECIDED IN FAVOUR OF THE ASSESSEE BY T HIS BENCH IN THE AFORESAID CASE AND THE ORDER OF THIS BENCH HAS BEEN UPHELD BY THE HONBLE JURISDICTIONAL HIGH COURT ON 10.08.2011 IN THE APPEAL FILED BY THE DEPA RTMENT IN CIT VS. AMBIKA SHEET GRAPH P. LTD. THEREFORE, RESPECTFULLY FOLLOW ING THE ORDER OF HONBLE JURISDICTIONAL HIGH COURT (SUPRA), THE APPEAL FILED BY THE REVENUE IS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 20.10.2011). SD/- SD/- (B.C. MEENA) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 20 TH OCTOBER, 2011 PBN/* COPY OF THE ORDER FORWARDED TO: APPELLANT/RESPONDENT/CIT CONCERNED/CIT(APPEALS) CO NCERNED/D.R., ITAT, AGRA BENCH, AGRA/GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY