M/S. B.S. INTERNATIONAL, MUMBAI V. THE ACIT 17-(3), MUMBAI

ITA 691/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9292 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Next Hearing Date: 08-01-2010
• Assessment Year: 1999-2000
• Appeal Filed On: 31-01-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR SRIVASTAVA
• Keywords: Set aside
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI. BEFORE SHRI SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMB ER AND SHRI V.D. RAO, JUDICIAL MEMBER. I.T.A. NO. 69 1 & 692/MUM/2008 ASSESSMENT YEARS : 1999-2000 & 2002-2003 . M/S B.S. INTERNATIONAL, ASSTT. COMMISSIONER OF 37, BARRISTER NATH PAI MARG, VS. INCOME TAX-17(3), COTTON GREEN, MUMBAI. MUMBAI 400 033. PAN : AAAFB1735D APPELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI AJAYKUMA R SRIVASTAVA. O R D E R PER J. SUDHAKAR REDDY, A.M. BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRE CTED AGAINST THE SEPARATE BUT IDENTICAL ORDERS OF THE CIT(APPEAL S)-XXVII, MUMBAI DATED 28-11-2007. AS THE ISSUE ARISING OUT OF BOTH THESE APPEALS IS COMMON, FOR THE SAKE OF CONVENIENCE, THEY ARE HERD TOGETHER AND DISPOSED OF BY WAY OF THIS COMMON ORDER. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPIT E ISSUAL OF NOTICE. THERE IS NO LETTER SEEKING ADJOURNMENT, NOR ANY COUNSEL FILED HIS POWER OF ATTORNEY IN THIS CASE. UNDER THESE CIRCUMS TANCES, WE ARE OF THE CONSIDERED OPINION THAT THE ISSUE SHOULD BE DISPOSE D OF ON MERITS QUA THE ASSESSEE AFTER HEARING THE LEARNED DR, SHRI AJAY KU MAR SRIVASTAVA. 2 3. HEARD THE LEARNED DR, SHRI AJAY KUMAR SRIVASTAV A. THE ASSESSEE HAS FILED THESE APPEALS CHALLENGING THE OR DERS OF THE CIT(APPEALS) IN CONFIRMING THE ACTION OF THE AO IN DISALLOWING THE CLAIM FOR DEDUCTION U/S 80HHC IN RESPECT OF THE EXP ORT INCENTIVE OF DEPB OF RS.1,83,13,310/- FOR ASSESSMENT YEAR 1999-2 000 AND RS.1,55,50,793/- FOR ASSESSMENT YEAR 2002-2003. 4. THIS ISSUE IS COVERED BY THE DECISION OF THE SP ECIAL BENCH OF THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS. ITO (2009) 318 ITR (AT) 87 (MUM.) (S.B.). IN VIEW OF THE ABOVE DECISION, WE SET ASIDE THE ISSUE TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORD ANCE WITH LAW. 5. IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 13 TH DAY OF JANUARY, 2010. SD/- SD/- (V.D. RAO) (J. SUDHAKARY REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI, DATED : 13 TH JANUARY, 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, I-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES