M/s Shree Dhanwantri Herbles, Solan V. DCIT, Parwanoo

ITA 537/CHANDI/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5117 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-05-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2014-2015
• Appeal Filed On: 24-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 536/CHD/2017 ASSESSMENT YEAR: 2014-15 M/S YASH INTERNATIONAL, VS. THE DCIT, CIRCLE, BADDI. H.P. PARWANOO, H.P. PAN NO. AAAFY5823B & ITA NO. 537/CHD/2017 ASSESSMENT YEAR: 2014-15 M/S SHREE DHANWANTRI HERBALS, VS. THE DCIT, CIRCL E, BADDI, TEHSIL NALAGARH, PARWANOO, H.P. DISTT. SOLAN PAN NO. AAAFY5823B (APPELLANT) (RESPONDENT) APPELLANT BY : SH. MANOJ KUMAR RESPONDENT BY : SH. MANJIT SINGH DATE OF HEARING : 22.05.2017 DATE OF PRONOUNCEMENT : 26.05.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEALS HAVE BEEN PREFERRED BY TWO DIFF ERENT ASSESSEES AGAINST THE ORDERS OF EVEN DATE 30.01.201 7 OF LD. COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER R EFERRED TO AS CIT(A)], SHIMLA RELATING TO ASSESSMENT YEAR 2014-20 15. 2 2. AT THE TIME OF HEARING, IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE ISSUE ADDRESSED IN THE PR ESENT APPEAL IS IDENTICAL TO WHAT HAS BEEN DECIDED BY THE CO-ORDINA TE BENCH IN ITA NO. 798/CHD/2012 IN THE CASE OF HYCRON ELECTRONICS VS ITO. 3. THE RELEVANT FACTS ARE THAT THE ASSESSEE SHREE DHANWANTRI HERBLES, IS ENGAGED IN MANUFACTURING OF HERBALS ME DICINES WHEREAS THE ASSESSEE YASH INTERNATIONAL IS ENGAGED IN MAN UFACTURING OF CEILING FANS. THE ASSESSEES HAVE ALREADY CLAIMED DE DUCTION UNDER SECTION 80IC OF THE ACT TO THE EXTENT OF 100% ELIGI BLE PROFIT FOR FIVE YEARS. THE ASSESSEES AGAIN CLAIMED 100% DEDUCTION IN THE 9 TH AND 8TH YEAR RESPECTIVELY OF THEIR PRODUCTION ON ACCOUNT OF SUBSTANTIAL EXPANSION. RELYING UPON THE AFORESAID DECISION OF T HE ITAT IN THE CASE OF HYCRON ELECTRONICS (SUPRA), THE CLAIM WAS REJECTED BY THE LOWER AUTHORITIES. IN THE AFOREMENTIONED PECULIAR F ACTS AND CIRCUMSTANCES, SINCE THE ISSUE ON FACTS AND LAW AS PER SUBMISSIONS OF THE PARTIES IS IDENTICAL AND IS COVERED BY THE DECI SION OF THE TRIBUNAL IN THE CASE OF HYCRON ELECTRONICS (SUPRA), HENCE, RESPECTFULLY FOLLOWING THE PRECEDENT, THESE APPEALS OF THE ASSES SEES ARE DISMISSED. 4. IN THE RESULT, APPEALS OF THE ASSESSEES ARE DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.05.2017. SD/- SD/- ( ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26 TH MAY, 2017 RKK 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR