M/s Suolificio Linea Italia (India) Private Limited, Kolkata V. J.C.I.T Cir - 8,kolkata, Kolkata

ITA 702/KOL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5016 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 02-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRABAL CHOWDHURY JCITSRDR
• Assessee Lawyers: SRIKUMAR BNERJEE
• Keywords: Reasonable cause
• Section: 143(3); 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A KOLKATA BEFORE SHRI N.V.VASUSDEVAN, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 702 / KOL / 2013 ASSESSMENT YEAR :2009-10 M/S SUOLIFICIO LINEA ITALIA (INDIA) PVT. LTD., 95, PARK STREET, 2 ND FLOOR, KOLKATA-700016 [ PAN NO.AAJCS 0681 D ] V/S . JCIT(OSD), CIRCLE-8, AAYAKAR BHAWAN, 5 TH FLOOR, P7, CHOWRINGHEE SQUARE, KOLKATA-700069 /APPELLANT .. / RESPONDENT /BY APPELLANT SRI SRIKUMAR BNERJEE, FCA /BY RESPONDENT SHRI PRABAL CHOWDHURY, JCIT, SR-DR /DATE OF HEARING 01-02-2016 /DATE OF PRONOUNCEMENT 09-03-2016 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF ORDE R OF COMMISSIONER OF INCOME TAX (APPEALS)-VIII, KOLKATA IN APPEAL NO.145 /CIT(A)-VIII/KOL/11-12 DATED 19.12.2012. ASSESSMENT WAS FRAMED BY JCIT(OSD ) CIRCLE-8, KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 28.11.2011 FOR ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, WE OBSERVED THAT THE DEDUCTION CL AIMED BY ASSESSEE U/S 80IB OF THE ACT WAS DISALLOWED BY ASSESSING OFFICER ON ACCOUNT OF LATE FILING OF ITR AS SPECIFIED U/S. 139(1) OF THE ACT. ITA NO.702/KOL/2013 A.Y.2009-10 M/S SUOLIFICIO LINEA ITALIA (I) PVT. LTD. V. JCIT CIR-8 KOL. PAGE 2 3. AGGRIEVED, ASSESSEE PREFERRED AN APPEAL BEFORE L D. CIT(A) WHO CONFIRMED THE ACTION OF AO. BEING AGGRIEVED BY THIS ORDER OF LD. CIT(A) ASSESSE E PREFERRED SECOND APPEAL BEFORE US ON THE FOLLOWING GROUNDS;- 1. THAT THE LEARNED COMMISSIONER OF INCOME TAX (AP PEAL) HAS ERRED IN LAW AND IN FACT BY CONFIRMING THE DISALLOWING MADE BY THE LEARNED ASSESSING OFFICER ON ACCOUNT OF CLAIMING THE DEDUCT ION UNDER SECTION 80IB() ON THE GROUND THAT THE RETURN WAS FILED AFTE R THE DUE DATE PRESCRIBED UNDER SECTION 139(1). 2. THAT THE LEARNED COMMISSIONER OF INCOME TAX (APP EAL) HAS ERRED IN LAW AND IN FACT BY CONFIRMING THE DISALLOWING MADE BY THE LEARNED ASSESSING OFFICER ON ACCOUNT OF CLAIMING THE DEDUCT ION UNDER SECTION 80IB(4) ON THE GROUND THAT THE ASSESSEE HAS FAILED TO PRODUCE REASONABLE CAUSE FOR NOT FILING THE RETURN IN TIME. SHRI SRIKUMAR BANERJEE, LD. AUTHORIZED REPRESENTATI VE APPEARING ON BEHALF OF ASSESSEE AND SHRI PRABAL CHOWDHARY, LD. DEPARTMENTA L REPRESENTATIVE APPEARING ON BEHALF OF REVENUE. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE UNDERSTAND THAT DEDUCTION CLAIMED BY ASS ESSEE U/S 80IB OF THE ACT WAS DISALLOWED FOR THE REASONS OF NOT FILING IT R WITHIN THE STIPULATED TIME AS SPECIFIED U/S. 139(1) OF THE ACT. AS PER THE PRO VISION OF SEC. 80IB OF THE ACT, IT WAS THE PRE-CONDITION TO CLAIM THE DEDUCTIO N THAT THE RETURN OF INCOME SHOULD BE FILED WITHIN THE DUE DATE. THE RELEVANT P ROVISION OF SEC. 80AC OF THE ACT IS REPRODUCED AS UNDER:- WHERE IN COMPUTING THE TOTAL INCOME OF AN ASSESSEE OF THE PREVIOUS YEAR RELEVANT TO THE ASSESSMENT YEAR COMMENCING ON THE 1 ST DAY OF APRIL 2006 OR ANY SUBSEQUENT ASSESSMENT YEAR, ANY D EDUCTION IS ADMISSIBLE UNDER SECTION 80IA OR SECTION 80IAB OR S ECTION 80IB OR SECTION 80IC [OR SECTION 80ID OR SECTION 80IE], NO SUCH DEDUCTION SHALL BE ALLOWED TO HIM UNLESS HE FURNISHES A RETURN OF H IS INCOME FOR SUCH ASSESSMENT YEAR ON OR BEFORE THE DUE DATE SPECIFIED UNDER SUB-SECTION (1) OF SEC. 139. ITA NO.702/KOL/2013 A.Y.2009-10 M/S SUOLIFICIO LINEA ITALIA (I) PVT. LTD. V. JCIT CIR-8 KOL. PAGE 3 IN VIEW OF THE PROVISIONS CONTAINED U/S. 80AC FOR C LAIMING THE DEDUCTION UNDER SECTION 80IB IT WAS MANDATORY TO FILE ITR WITHIN TH E DUE DATE AS SPECIFIED U/S. 139(1) OF THE ACT. IN THE CASE ON HAND, THERE IS NO DISPUTE THAT THE ITR AS FILED AFTER THE STIPULATED TIME. THEREFORE, WE HAVE NO HE SITATION IN UPHOLDING THE ORDER OF LD. CIT(A). THIS GROUND OF ASSESSEES APPE AL IS REJECTED. 5. IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT 09 /03/2016 SD/- SD/- (N.V.VASUDEVAN) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP !- 09 / 03 /201 6 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S SUOLIFICIO LINEA ITLIA (INDIA) PVT.L TD., 95 PAK ST., 2 ND FL, KOL-16 2. /RESPONDENT-JCIT(OSD), CIR-8, AAYAKAR BHAWA, 5 TH FL, P7, CHOWRINGHEE SQ. 3. ) *+ , , - / CONCERNED CIT KOLKATA 4. , , -- / CIT (A) KOLKATA 5. 012 33*+, , *+ , / DR, ITAT, KOLKATA 6. 267 89 / GUARD FILE. BY ORDER/ , , /TRUE COPY/ / , *+ ,