M/s Universal Applinaces (India), V. Dy Commissioner of Income Tax, Parwanoo

ITA 671/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6654 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 17-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: KULDEEP DHIMAN
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SMT. ANNAPURNA, ACCOUNTANT MEMBER ITA NO.671/CHD/2017 (ASSESSMENT YEAR : 2012-13) M/S UNIVERSAL APPLIANCES (INDIA), VS. THE D.C.I.T., VILLAGE BIRPLASSI, NEAR DHEROWAL CIRCLE PARWANOO. CHECK POST, NALAGARH. SOLAN, H.P. PAN: AABFU8802F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI KULDEEP DHIMAN RESPONDENT BY : SHRI MANJIT SINGH, SR.DR DATE OF HEARING : 06.11.2017 DATE OF PRONOUNCEMENT : 06.11.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER : THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX(APPEALS ), SHIMLA (HEREINAFTER REFERRED TO AS CIT(APPEALS)) DATED 12.1.2016 RELATING TO ASSESSMENT YEAR 2012-13.. 2. THE APPEAL IS BARRED BY LIMITATION WITH THE DELA Y OF 398 DAYS. AN APPLICATION FOR CONDONATION OF DELAY HAS BEEN MOVED, WHEREIN GENERAL AVERMENTS HAVE BEEN MADE STA TING THAT THE ASSESSEE HAD HANDED OVER THE DOCUMENTS TO ITS CHARTERED ACCOUNTANT FOR FILING OF THE APPEAL BUT T HE ASSESSEE WAS NOT AWARE THAT THE CHARTERED ACCOUNTAN T HAS NOT FILED THE APPEAL AND THAT DUE TO THIS REASON TH E DELAY IN FILING THE APPEAL HAS OCCURRED. 2 3. WE DO NOT FIND ANY PLAUSIBLE REASON TO CONDONE T HE DELAY OF MORE THAN ONE YEAR (398 DAYS) ON THE BASIS OF THE AFORESAID GENERAL AVERMENTS MADE BY THE ASSESSEE. 4. EVEN ON MERITS ALSO, THE LD. DR HAS SUBMITTED TH AT THE ISSUE IS COVERED BY THE DECISION PASSED IN ITA NO. 798/CHD/2012 IN THE CASE OF HYCRON ELECTRONICS VS I TO. 5. THE RELEVANT FACTS OF THE CASE ARE THAT THE ASSE SSEE IS IN MANUFACTURING OF CEILING FANS, GEYSERS HEATERS E TC. SINCE 25.9.2006 AND THE INITIAL ASSESSMENT YEAR FOR CLAIM OF DEDUCTION U/S 80IC OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT) WAS ASSESSMENT YEAR 2007-08. THE ASSESSEE HAS ALREADY CLAIMED DEDUCTION UNDER SECTIO N 80IC OF THE ACT TO THE EXTENT OF 100% ELIGIBLE PROF IT FOR FIVE YEARS PERIOD FROM ASSESSMENT YEAR 2007-08 TO 2011- 12. THE ASSESSEE HAD AGAIN CLAIMED 100% DEDUCTION AGAINST ELIGIBLE PROFIT IN THE RELEVANT ASSESSMENT YEAR 2012-13, WHICH WAS 9 TH YEAR OF PRODUCTION BY CLAIMING SUBSTANTIAL EXPANSION OF THE UNIT IN FINANCIAL YEAR 2011- 12. RELYING UPON THE AFORESAID DECISION OF THE ITA T IN THE CASE OF HYCRON ELECTRONICS (SUPRA), THE CLAIM WAS R EJECTED BY THE LOWER AUTHORITIES. IN THE AFOREMENTIONED PE CULIAR FACTS AND CIRCUMSTANCES, SINCE THE ISSUE ON FACTS A ND LAW IS IDENTICAL AND WE FIND THE SUBMISSIONS TO BE CORR ECT; ACCORDINGLY, RESPECTFULLY FOLLOWING THE PRECEDENT, THE APPEAL OF THE ASSESSEE IS REJECTED. 3 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED ON BOTH THE COUNTS, BEING BARRED BY LIMITATION AND BEI NG DELAY OF MORE THAN 398 DAYS. ORDER PRONOUNCED IN THE OPEN COURT ON 06.11.2017. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 6 TH NOVEMBER, 2017 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)S 4. THE CIT 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH