PIONEER EXPORTS, MUMBAI V. ACIT 14(1), MUMBAI

ITA 7064/MUM/2010

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9264 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 20-12-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 12-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard
• Section: 80HHC; 260A

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI . . !'# , $ %& BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI N.K. BILLAIYA, AM ./I.T.A. NOS. 7063 & 7064/MUM/2010 ( ' ' ' ' / ASSESSMENT YEARS: 2003-04 & 2004-05 M/S. PIONEER EXPORTS, 576, CHIRA BAZAR, 3 RD FLOOR, J.S.S. ROAD, MUMBAI-400 002 / VS. THE ACIT-14(1), MUMBAI &( $ ./ )* ./PAN/GIR NO. AAEFP 2407J ( (+ /APPELLANT ) .. ( ,-(+ / RESPONDENT ) (+ . / APPELLANT BY: NONE ,-(+ / . / RESPONDENT BY SHRI RAJARSHI DWIVEDY / 01$ / DATE OF HEARING : 20.12.2012 23' / 01$ /DATE OF PRONOUNCEMENT :20.12.2012 %4 / O R D E R PER N.K. BILLAIYA, AM: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE LD. CIT(A)-25, MUMBAI DT.5.8.2010 PERTAINING TO A.YRS. 2003-04 & 2004-05. AS COMMON ISSUES ARE INVOLVED, THEREFORE, WE HEARD THESE APPEALS TOGETHER AND DISPOSE OFF THE SAME BY THIS C OMMON ORDER FOR THE SAKE OF CONVENIENCE AND BREVITY. 2. THE SHORT ISSUE BEFORE US IS THAT THE ASSESSING OFFICER HAS DISALLOWED THE CLAIM OF DEDUCTION U/S. 80HHC OF THE ACT FOR THE REASON THAT DECISION OF THE SPECIAL BENCH IN THE CASE OF T OPMAN EXPORTS IS NOT ITA NOS. 7063 & 64/M/2010 2 ACCEPTED BY THE DEPARTMENT AND APPEAL U/S. 260A IS FILED BEFORE THE HONBLE HIGH COURT. 3. THIS ISSUE IS NOW SETTLED BY THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORT 342 ITR 49 IN FA VOUR OF THE ASSESSEE WHICH HAS BEEN FOLLOWED BY THE TRIBUNAL CHANDIGARH BENCH IN THE CASE OF JACOB EXPORT HOUSE VS ACIT 137 ITD 117 WHERE ONE OF US (HONBLE PRESIDENT) IS THE AUTHOR OF THE SAID JUDGEMENT WHER E THE BENCH HAS SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMANDED THE ISSUE TO AO WITH A DIRECTION TO DECIDE THE ISSUE AFRESH KEEPING IN VIE W THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORT (SUPRA) AFTER GIVING AN OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. 4. FACTS OF THE CASE BEING IDENTICAL, WE HAVE NO HE SITATION IN FOLLOWING THE DECISION OF THE TRIBUNAL. WE ACCORDI NGLY RESTORE THIS ISSUE BACK TO THE FILE OF AO. THE AO IS DIRECTED TO DECI DE THE ISSUE AFRESH IN THE LIGHT OF THE DECISION OF THE HONBLE SUPREME CO URT IN THE CASE OF TOPMAN EXPORT (SUPRA). 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 20.12.2012. SD/- SD/- (H.L. KARWA) (N.K. BILLAIYA) /PRESIDENT $ %& / ACCOUNTANT MEMBER MUMBAI; 5% DATED 20.12.2012 . . ./ RJ , SR. PS ITA NOS. 7063 & 64/M/2010 3 %4 / ,0 6 '0 / COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT. 3. 7 ( ) / THE CIT(A)- 4. 7 / CIT 5. 89 ,0 , , / DR, ITAT, MUMBAI 6. 9: ; / GUARD FILE. %4 / BY ORDER, - 0 ,0 //TRUE COPY// < / = ) DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI