ACIT, CHENNAI V. Nagesh Chandur, CHENNAI

ITA 615/CHNY/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2486 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 20-06-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 08-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S DASGUPTA
• Assessee Lawyers: J SREE VIDYA; G VARDINI KARTHIK
• Keywords: Business income
• Section: 2

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH, CHENNAI. BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER & SHRI V. DURGA RAO, JUDICIAL MEMBER ITA NO. 615 /MDS/2013 ASSESSMENT YEAR : 2009-10 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE XV, CHENNAI 600 034. VS. SHRI NAGESH CHANDUR, FLAT NO. 4A, SRINIVAS, NEW NO. 30, MAHARAJA SURYA ROAD, ALWARPET, CHENNAI 600 018. [PAN:ACUPC6638E] (APPELLANT) (RESPONDENT) A PPELLANT BY : SHRI S. DASGUPTA, JCIT RESPONDENT BY : MS. J. SREE VIDYA & MS. G. VARDINI KARTHIK, ADVOCATES DATE OF HEARING : 20 .0 6 .2013 DATE OF PRONOUNCEMENT : 20.06.2013 O R D E R PER V. DURGA RAO, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- XII, CHENNAI DATED 26.12.2012 RELEVANT TO THE ASSESSMENT YEAR 2009-10. 2. THE ONLY EFFECT GROUND RAISED IN THE APPEAL OF THE REVENUE IS THAT THE LD. CIT(APPEALS) HAS ERRED IN DELETING THE DISALLOW ANCE OF EXEMPTION CLAIMED I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.615 615615 615/MD /MD /MD /MDS/13 S/13 S/13 S/13 2 UNDER SECTION 10A OF ` .77,21,154/-. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE I S AN INDIVIDUAL, DERIVED INCOME FROM BUSINESS, CAPITAL GAINS AND OTHER SOURC ES. THE ASSESSEE HAS STARTED A UNIT IN THE NAME AND STYLE OF M/S. CHUNDU R ENTERPRISES IN THE FINANCIAL YEAR 1999-2000, WHICH HAS BEEN INVOLVED M AINLY IN THE BACK OFFICE OPERATIONS FOR AN UK BASED COMPANY. THE ASSESSEE, A FTER ITS REGISTRATION WITH STPI IN THE YEAR 2001-02, STARTED CLAIMING EXE MPTION UNDER SECTION 10A ON THE BUSINESS INCOME FROM THE ABOVE UNIT. FOR ASS ESSMENT YEAR 2009-10, THE ASSESSEE FILED ITS RETURN DECLARING INCOME OF ` . NIL AFTER CLAIMING EXEMPTION UNDER SECTION 10A OF THE ACT. THE ASSESSI NG OFFICER COMPLETED THE ASSESSMENT UNDER SECTION DISALLOWING THE CLAIM OF EXEMPTION UNDER SECTION 10A OF THE ACT. 4. ON APPEAL, THE LD. CIT(APPEALS), BY FOLLOWING A SSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2006-07 & 2007-08 IN I.T.A. NO S. 83 & 729/MDS/2011 VIDE ORDER DATED 01.06.2011 AND FOR ASSESSMENT YEAR S 2005-06 & 2008-09 IN I.T.A. NOS. 43 & 44/MDS/2012 VIDE ORDER DATED 12 .12.2012 ALLOWED THE CLAIM OF THE ASSESSEE. 5. ON BEING AGGRIEVED, THE REVENUE CARRIED THE MAT TER BEFORE THE TRIBUNAL. I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.615 615615 615/MD /MD /MD /MDS/13 S/13 S/13 S/13 3 6. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ISSUE INVOLVED IN THIS APPEAL IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE ORDERS OF THE TRIBUNAL IN ASSESSEE S OWN CASE FOR THE ASSESSMENT YEARS 2005-06 & 2008-09 AND 2006-07 & 20 07-08. SHE ALSO FILED COPIES OF ORDERS OF THE TRIBUNAL. 7. ON THE OTHER HAND, THE LD. DR HAS FAIRLY CONCED ED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE. 8. WE HAVE HEARD BOTH SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. T HE ONLY ISSUE INVOLVED IN THIS APPEAL IS WHETHER THE ASSESSEE IS ELIGIBLE FOR CLAIMING EXEMPTION UNDER SECTION 10A O THE ACT OR NOT. THE VERY SIMILAR ISSU E HAS BEEN CONSIDERED BY THE COORDINATE BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2006-07 & 2007-08 (SUPRA) AND FOR ASSESSMENT YEARS 2005-06 & 2008-09 (SUPRA). NO MATERIAL HAS BEEN BRO UGHT ON RECORD BEFORE US BY THE REVENUE TO SHOW THAT THE DECISIONS OF THE TRIBUNAL ARE EITHER MODIFIED OR REVERSED BY ANY HIGHER COURT. WHILE FOL LOWING COORDINATE BENCH DECISIONS IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2006-07 & 2007-08 AND 2005-06 & 2008-09, WE UPHOLD THE ORDER OF THE CIT(APPEALS) AND DISMISS THE GROUND RAISED BY THE REVENUE. I.T.A. I.T.A. I.T.A. I.T.A. NO. NO. NO. NO.615 615615 615/MD /MD /MD /MDS/13 S/13 S/13 S/13 4 10. IN THE RESULT, THE APPEAL OF THE REVENUE STAND S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON THURSDAY, THE 20 TH OF JUNE, 2013 AT CHENNAI. SD/- SD/- (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER CHENNAI, DATED, THE 20.06.2013 VM/- TO: THE ASSESSEE//A.O./CIT(A)/CIT/D.R.