ACIT, Chandigarh V. M/s G.N. Lighting & Electricals (P) Ltd., Chandigarh

ITA 502/CHANDI/2014

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9800 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-07-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 09-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR AMA RVEER SINGH
• Assessee Lawyers: AMRINDER SINGH
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.R.SOOD, ACCOUNTANT MEMBER ITA NO. 502/CHD/2014 (ASSESSMENT YEAR : 2008-09) THE A.C.I.T., VS. M/S G.N. LIGHTING & ELECTRICAL (P)LTD., CIRCLE 2(1), 177G, INDUSTRIAL AREA, PHASE-I, CHANDIGARH. CHANDIGARH. PAN: AACCG0776G (APPELLANT) (RESPONDENT) APPELLANT BY : DR.AMAR VEER SINGH, DR RESPONDENT BY : SHRI AMRINDER SINGH DATE OF HEARING : 21.07.2015 DATE OF PRONOUNCEMENT : 22.07.2015 O R D E R PER BHAVNESH SAINI, J.M. : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS), CHANDIGARH DATED 18.2.2014 FOR ASSESSMEN T YEAR 2008-09, CHALLENGING THE ORDER OF LEARNED CIT (APPEALS) IN ALLOWING DEDUCTION UNDER SECTION 80IC OF THE ACT TO THE ASSESSEE ON JOB WORK DONE FOR THE PRINCI PALS. 2 2. THE ASSESSEE CHALLENGED THE ORDER OF THE ASSESS ING OFFICER BEFORE THE LEARNED CIT (APPEALS) AGAINST RE STRICTING THE CLAIM OF DEDUCTION UNDER SECTION 80IC OF THE ACT BY DISALLOWING THE SAID DEDUCTION ON SALES MADE TO M/S OSRAM. IT WAS POINTED OUT DURING THE COURSE OF ARGUMENTS T HAT SIMILAR DISALLOWANCE OF DEDUCTION UNDER SECTION 80IC OF THE ACT IN RESPECT OF TRANSACTIONS WITH M/S OSRAM WAS MADE IN ASSESSMENT YEAR 2006-07 ALSO AND THE SAME WAS DELET ED BY THE I.T.A.T., CHANDIGARH VIDE ORDER DATED 21.10.201 0 IN ITA NO.960/CHD/2010. THE LEARNED CIT (APPEALS) FOLLOWI NG THE ORDER OF THE TRIBUNAL DELETED THE DISALLOWANCE OF D EDUCTION UNDER SECTION 80IC OF THE ACT IN RESPECT OF SALE TO M/S OSRAM AND ALLOWED THE APPEAL OF THE ASSESSEE. 3. IT IS STATED THAT NOW THE ISSUE IS COVERED IN F AVOUR OF THE ASSESSEE BY THE JUDGMENT OF THE HON'BLE PUNJ AB & HARYANA HIGH COURT IN THE CASE CIT VS. IMPEL FORGE & ALLIED INDUSTRIES LTD., 326 ITR 27, IN WHICH DEDUCTION UND ER SECTION 80IB OF THE ACT WAS ALLOWED FROM JOB WORKS DONE FOR OTHERS. 4. IN VIEW OF THE ABOVE, WE FIND THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE JUDGMENT O F THE HON'BLE PUNJAB & HARYANA HIGH COURT, REFERRED TO AB OVE. THE LEARNED CIT (APPEALS), THEREFORE, CORRECTLY FOLLOWE D THE ORDER OF THE TRIBUNAL FOR PRECEDING ASSESSMENT YEAR 2006- 07 IN THE CASE OF THE ASSESSEE FOR THE PURPOSE OF DELETING T HE ADDITION. 3 THE DEPARTMENTAL APPEAL HAS NO MERIT AND ACCORDINGL Y, IS DISMISSED. 5. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JULY, 2015. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 22 ND JULY, 2015 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH