M/s. Mittal Overseas, New Delhi V. ACIT, New Delhi

ITA 5847/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58776 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 29-02-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 29-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R S NEGI
• Section: 80IB

Judgement Text

ITA NO. 5847/DEL/2011 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 5847/DEL/2011 A.Y. : 2002-03 M/S MITTAL OVERSEAS, C/O M/S RRA TAXINDIA, D-28, SOUTH EXTENSION, PART-I, NEW DELHI 110049 (PAN: AAFFM1985R) VS. ASSTT. COMMISSIONER OF INCOME TAX, PANIPAT CIRCLE, PANIPAT (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSESSEE BY : SH. TARUN KUMAR, ADV. DEPARTMENT BY : SH. R.S. NEGI, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 12.10. 2010 PERTAINING TO ASSESSMENT YEAR 2002-03. 2. THE GROUNDS RAISED READ AS UNDER:- (I) THAT HAVING REGARD TO THE FACTS AND CIRCUMSTAN CES OF THE CASE, LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS IN PASSING THE ORDER U/S. 154 E VEN THOUGH THERE WAS NO ERROR APPARENT FROM THE RECORD . (II) THAT HAVING REGARD TO THE FACTS AND CIRCUMSTAN CES OF THE CASE, LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS E RRED IN LAW AND ON FACTS IN DISALLOWING THE DEDUCTION U/ S 80IB IN ITA NO. 5847/DEL/2011 2 RESPECT OF PURPORTED EXPORT INCENTIVES EVEN THOUGH ASSESSEE WAS SUPPORTING MANUFACTURER. (III) THAT IN ANY CASE AND ANY VIEW OF THE MATTER, ACTION OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IN PASSING THE IMPUGNED ORDER U/S. 154 AND DISALLOWING THE CLAIM U/S . 80IB IN RESPECT OF PURPORTED EXPORT INCENTIVES IN BAD I N LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. (IV) THAT THE APPELLANT CRAVES THE LEAVE TO ADD, MOD IFY, AMEND OR DELETE ANY OF THE GROUNDS OF APPEAL AT THE TIME OF HEARING AND ALL THE ABOVE GROUNDS ARE WITHOUT PREJ UDICE TO EACH OTHER. 3. AT THE THRESHOLD, IN THIS CASE, LD. COUNSEL OF T HE ASSESSEE SUBMITTED IN THIS REGARD THAT ASSESSEES APPEAL HAS BECOME INFRUCTUOUS. IT WAS POINTED OUT THAT IN REVENUES APPEAL FOR THE SAME YEAR THE TRIBUNAL HAD SET ASIDE THE ORDER OF THE L D. COMMISSIONER OF INCOME TAX (APPEALS) AND RESTORED THE ORDER OF THE ASSESSING OFFICER AND THUS ALLOWED THE REVENUES APPEAL. IN THIS VIE W OF THE MATTER, LD. COUNSEL OF THE ASSESSEE CONCEDED THAT THE ASSESSEE S APPEAL HAS BECOME INFRUCTUOUS. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS. WE FIND THAT ASSESSEES APPEAL HAS BECOME INFRUCTUOUS AND THE SAME IS DISMISSED AS SUCH. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ITA NO. 5847/DEL/2011 3 ORDER PRONOUNCED IN THE OPEN COURT ON 29/2/2012, U PON CONCLUSION OF HEARING. SD/- SD/- [A. [A. [A. [A.D. JAIN] D. JAIN] D. JAIN] D. JAIN] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 29/2/2012 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES