ACIT, Agra V. M/s Ambica Sheet Grah (P) Ltd., Agra

ITA 658/AGR/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 6960 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-04-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 05-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MISHRA
• Assessee Lawyers: NAVIN GARGH
• Section: 80IB

Judgement Text

1 ITA 658-08 IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH : AGRA. ( BEFORE SHRI R.K. GUPTA AND SHRI P.K. BANSAL ) ITA NO. 658/AG./2008 ASSTT. YEAR : 2004-05. THE ACIT 4(1), VS. M/S. AMBICA SHEET GRAH (P) LT D., AGRA. 28, INDUSTRIAL ESTATE, NUNHAI, AGRA. (APPELLANT) (RESPONDENT) C.O. NO. 86/AG./2008 ( ARISING OUT OF ITA NO. 658/AG/2008 ASSTT. YEAR : 2004-05. M/S. AMBICA SHEET GRAH (P) LTD. VS. THE ACIT 4(1), AGRA. AGRA. (CROSS OBJECTOR) (RESPONDENT) DEPARTMENT BY : SHRI S.K. MISHRA, SR. D/R ASSESSEE BY : SHRI NAVIN GARGH, ADVOCATE ORDER PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY DEPARTMENT AND A CROSS OBJECT ION BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A)-I, AGRA, RELATING TO ASSESSMEN T YEAR 2004-05. 2. THE DEPARTMENT IS OBJECTING IN ALLOWING ASSESSEE S CLAIM UNDER SECTION 80-IB(11). THE LD. COUNSEL OF THE ASSESSEE AT THE TIME OF HEAR ING STATED THAT THE LD. CIT (A) HAS ALLOWED THE CLAIM OF THE ASSESSEE UNDER SECTION 80I B(11) FOLLOWING THE ORDER OF THE TRIBUNAL FOR EARLIER YEARS. ATTENTION OF THE BENCH WAS DRAWN TO THE COPY OF ORDER OF THE TRIBUNAL DATED 25 TH APRIL, 2008 IN THE CASE OF ASSESSEE ITSELF PLACED ON RECORD. ON THE 2 OTHER HAND, THE LD. D/R FAIRLY CONCEDED. HOWEVER, HE PLACED RELIANCE ON THE ASSESSMENT ORDER. 3. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, IT IS SEEN THAT ON IDENTICAL FACTS, THE CLAIM OF THE ASSESSEE WAS ALLOWED FOR ASSESSMENT YEARS 2001- 02 TO 2003-04 BY THE TRIBUNAL AND THE LD. CIT (A) F OLLOWING THE ORDER OF THE TRIBUNAL FOR EARLIER YEARS ALLOWED THE CLAIM OF THE ASSESSEE CLA IMING DEDUCTION UNDER SECTION 80IB (11) FOR THE YEAR UNDER CONSIDERATION ALSO. SINCE LD. CIT (A) HAS ALLOWED THE CLAIM IN VIEW OF THE DECISION OF THE TRIBUNAL FOR EARLIER YE ARS, THEREFORE, THERE IS NO REASON TO INTERFERE IN THE FINDING OF THE LD. CIT (A). ACCORD INGLY WE CONFIRM THE ORDER OF LD. CIT (A). 4. THE CROSS OBJECTION IS IN SUPPORT OF THE ORDER O F LD. CIT (A), THEREFORE, IT DOES NOT REQUIRE ANY ADJUDICATION. 5. IN THE RESULT, APPEAL OF THE DEPARTMENT AND CROS S OBJECTION OF THE ASSESSEE ARE DISMISSED. 6. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 15. 4.10. SD/- SD/- ( P.K. BANSAL ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AGRA, DATED : 15/04/2010. D/- COPY FORWARDED TO :- THE APPELLANT THE RESPONDENT THE CIT THE CIT (A) CONCERNED. THE D/R, ITAT AGRA. BY ORDER, GUARD FILE (ITA NO. 658/AG/2008) AR ITAT AGRA. 3