M/s Super LPG Appliances, Solan V. DCIT, Parwanoo

ITA 461/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6780 (ITAT-CHANDIGARH)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2014-2015
• Appeal Filed On: 10-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVI SARANGA L

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO.461/CHD/2017 (ASSESSMENT YEAR : 2014-15) M/S SUPER LPG APPLIANCES, VS. THE D.C.I.T., VILL. JHARMAJRI, P.O. BAROTIWALA, CIRCLE BADDI, DISTT. SOLAN, PARWANOO. SOLAN. PAN: ABDFS7491K (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI RAVI SARANGAL, CIT DR DATE OF HEARING : 16.10.2017 DATE OF PRONOUNCEMENT : 16.10.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER : THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX(APPEALS ), SHIMLA (HEREINAFTER REFERRED TO AS CIT(APPEALS)) DATED 14.2.2017 RELATING TO ASSESSMENT YEAR 2014-15. 2. THE APPEAL OF THE ASSESSEE WAS FIXED FOR HEARING ON 9.8.2017 BUT NONE APPEARED ON BEHALF OF ASSESSEE, H OWEVER, THE SAME WAS ADJOURNED TO 16.10.2017 ON THE REQUEST OF THE LD. DR. FRESH NOTICE OF HEARING FIXING THE APPEAL O N 16.10.2017 WAS ISSUED TO THE ASSESSEE. HOWEVER, ON THE APPOINTED DATE OF HEARING I.E. TODAY ON 16.10.2017, NONE HAS COME PRESENT ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION HAS BEEN MOVED FOR ADJOURNMENT. IT SEEM S THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL. HENCE, WE PROCEED TO DECIDE THE APPEAL AFTER HEARIN G THE LD. DR. 2 3. COMING TO THE MERITS OF THE CASE, THE LD. DR HAS SUBMITTED THAT THE ISSUE ADDRESSED IN THE PRESENT A PPEAL IS IDENTICAL TO WHAT HAS BEEN DECIDED BY THE CO-ORD INATE BENCH IN ITA NO. 798/CHD/2012 IN THE CASE OF HYCRON ELECTRONICS VS ITO. 4. THE RELEVANT FACTS OF THE CASE ARE THAT THE ASSE SSEE IS THE IS ENGAGED IN THE BUSINESS MANUFACTURING OF LPG GAS STOVES W.E.F. 31.5.2005 AND THE INITIAL ASSESSMENT YEAR FOR CLAIM OF DEDUCTION U/S 80IC OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS ASSESSMENT YEAR 2006-07. T HE ASSESSEE HAS ALREADY CLAIMED DEDUCTION UNDER SECTIO N 80IC OF THE ACT TO THE EXTENT OF 100% ELIGIBLE PROF IT FOR FIVE YEARS PERIOD FROM ASSESSMENT YEAR 2006-07 TO 2010- 11. THE ASSESSEE HAD AGAIN CLAIMED 100% DEDUCTION AGAINST ELIGIBLE PROFIT IN THE RELEVANT ASSESSMENT YEAR 2014-15, WHICH WAS 9 TH YEAR OF PRODUCTION BY CLAIMING SUBSTANTIAL EXPANSION OF THE UNIT IN ASSESSMENT YEA R 2010-11. RELYING UPON THE AFORESAID DECISION OF TH E ITAT IN THE CASE OF HYCRON ELECTRONICS (SUPRA), THE CLAI M WAS REJECTED BY THE LOWER AUTHORITIES. IN THE AFOREMEN TIONED PECULIAR FACTS AND CIRCUMSTANCES, SINCE THE ISSUE O N FACTS AND LAW IS IDENTICAL AND WE FIND THE SUBMISSIONS TO BE CORRECT; ACCORDINGLY, RESPECTFULLY FOLLOWING THE PR ECEDENT, THE APPEAL OF THE ASSESSEE IS REJECTED. 3 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.10.2017. SD/- SD/- (B.R.R. KUMAR) (SANJAY GA RG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 16 TH OCTOBER, 2017 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH