NIRMAL INDUSTRIAL CONTROLS PVT. LTD., MUMBAI V. ACIT - 10(3), MUMBAI

ITA 5500/MUM/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1240 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 19-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BHAVIN PARIKH
• Section: 80IB

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ ITA NO.5500 /MUM/2013 / ASSESSMENT YEAR: 2006-07 NIRMAL INDUSTRIAL CONTROLS PRIVATE LTD. 1 ST FLOOR, SAMRIDHI, NEAR TALWALKAR GYM. OFF. LBS MARG, MULUND (W), MUMBAI-40080 / V. ACIT, WARD-10(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 ./ PAN : AABCN1777B ( / APPELLANT ) .. ( / REVENUE) $ % & / DATE OF HEARING : 21/04/2017 $ % & / DATE OF ORDER: 25/04/2017 '() % #$ / ASSESSEE BY SH. BHAVIN PARIKH #$ / REVENUE BY SHRI SUMAN KUMAR - D.R. 2 ITA NO.5500/MUM/2013 NIRMAL INDUSTRIAL CONTROLS PVT. LTD. / O R D E R PER JOGINDER SINGH, JUDICIAL MEMBER THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DAT ED 12/07/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, CONFIRMING THE ADDITION OF SERVICE TAX SET OFF, EXC ISE DUTY SET OFF, SALES TAX SET OFF, INCOME FROM SERVICE CHARGES AND LABOUR CHARGES FOR THE PURPOSES OF DEDUCTION U/S 80IB OF T HE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT). 2. DURING HEARING OF THIS APPEAL, THE ASSESSEE WAS DIRECTED TO PRODUCE THE DOCUMENTARY EVIDENCE EXPLAI NING THE BASIS OF CLAIMING SUCH SET OFF BY THE ASSESSEE. THE ASSESSEE ON THE NEXT DATE, I.E. 21/04/2017 PRODUCED THE COPY OF PACKAGE SCHEME OF INCENTIVES 1993 (PAGES 1 TO 22 OF THE PAPER BOOK), ELIGIBILITY CERTIFICATE FOR GRANT OF S PECIAL CAPITAL INCENTIVE UNDER PSI-93(PAGES 23 TO 27) AND CERTIFIC ATE OF ENTITLEMENT FOR SALES TAX INCENTIVE UNDER THE PACKA GE PART (PAGE-28 TO 30 OF THE PAPER BOOK). THE INCENTIVE SC HEMES WAS CLAIMED TO BE FOR A PERIOD FROM 01/06/1997 TO 31/03/2005. THE LD. DR, SHRI SUMAN KUMAR, CONTENDE D THAT THIS IS NEW EVIDENCE, NEEDS TO BE EXAMINED BY THE LD. ASSESSING OFFICER. THE LD. COUNSEL FOR THE ASSESSEE HAD ALSO NOT OBJECTION IF ALL THE DOCUMENTS ARE EXAMINED BY THE LD. ASSESSING OFFICER. 2.1 WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. CONSIDERI NG THE 3 ITA NO.5500/MUM/2013 NIRMAL INDUSTRIAL CONTROLS PVT. LTD. TOTALITY OF FACTS, WE FIND THAT NEW DOCUMENTS IN TH E FORM OF PACKAGE SCHEME OF INCENTIVES, ELIGIBILITY CERTIFICA TE FOR GRANT OF SPECIAL CAPITAL INCENTIVE UNDER PSI-93, CERTIFIC ATE FOR ENTITLEMENT FOR SALES TAX INCENTIVE, WERE FILED BY THE ASSESSEE. THE ASSESSEE IS DIRECTED TO EXPLAIN THE B ASIS OF ITS CLAIM. THE LD. ASSESSING OFFICER IS, THEREFORE, DIR ECTED TO EXAMINE THE CLAIM OF THE ASSESSEE AND DECIDE AFRESH IN ACCORDANCE WITH LAW. THE ASSESSEE BE GIVEN OPPORTUN ITY OF BEING HEARD WITH FURTHER LIBERTY TO FURNISH EVIDENC E, IF ANY, IN SUPPORT OF ITS CLAIM, THUS, THE APPEAL OF THE AS SESSEE IS ALLOWED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESEN CE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCL USION OF THE HEARING ON 21/04/2017. SD/- SD/- ( RAMIT KOCHAR ) (JOGINDER SINGH) %& / ACCOUNTANT MEMBER & /JUDICIAL MEMBER MUMBAI; * DATED : 25/04/2017 F{X~{T? P.S/. '.. !'#'()*+!*( / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ,- / THE RESPONDENT. 3. . . ! /% ( ) / THE CIT, MUMBAI. 4. . . ! /% / CIT(A)- , MUMBAI 5. 2 3,%'' , . &' 4 , ! / DR, ITAT, MUMBAI 4 ITA NO.5500/MUM/2013 NIRMAL INDUSTRIAL CONTROLS PVT. LTD. 6. 5(6 / GUARD FILE. !' / BY ORDER, -2%,% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ! / ITAT, MUMBAI