SUNRISE CONTAINERS LTD, MUMBAI V. DCIT 8(3), MUMBAI

ITA 722/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93232 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 31-01-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: C W ANGOLKAR D R
• Assessee Lawyers: S K SOMANI
• Section: 80IB

Judgement Text

E IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI A.D. JAIN, JM AND SHRI N.K. BILLAIYA, A M .. , . . , ./ I.T.A. NO. 722 /MUM/2014 ( / ASSESSMENT YEAR : 2010-11 SUNRISE CONTAINERS LIMITED, 405, ACME INDUSTRIAL PARK, OFF I.B. PATEL ROAD, GOREGAON (E), MUMBAI 400 063. / VS. DY. COMMISSIONER OF INCOME TAX 8(3), AAYKAR BHAVAN, M.K. ROAD, MUMBAI- 400 020. ./ PAN : AABCS5997C ( ! / APPELLANT ) .. ( '# ! / RESPONDENT ) A PPELLANT BY SHRI S.K. SOMANI R E SPONDENT BY : SHRI C.W. ANGOLKAR (D.R.) $ % & ' ( ) / DATE OF HEARING : 13-07-2015 *+,- ' ( ) / DATE OF PRONOUNCEMENT : 13-07-2015 [ . / O R D E R PER A.D. JAIN, J.M . : .. , THIS IS ASSESSEES APPEAL FOR A.Y. 2010-11, CHALLEN GING THE ACTION OF THE LD. CIT(A) IN DISMISSING THE APPEAL BY CONFIRMING T HE DISALLOWANCE U/S 80IB OF THE INCOME TAX ACT, 1961, MADE BY THE A.O., TREATIN G THE ASSESSEES UNIT II AT SILVASSA AS BEING FORMED BY SPLITING/RECONSTRUCTION OF THE EXISTING BUSINESS AND, THEREFORE, NOT ENTITLED FOR CLAIM OF DEDUCTION . 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISIO N OF THE TRIBUNAL VIDE ORDER ITA 722/M/14 2 DATED 18-03-2013 IN THE ASSESSEES OWN CASE FOR ASS ESSMENT YEARS 2002-03 TO 2008-09. ON PERUSAL OF THE TRIBUNAL ORDER (SUPRA), WE FIND THAT THE ISSUE HAS BEEN SET ASIDE AND REMITTED TO THE FILE OF THE A.O. FOR FRESH CONSIDERATION AFTER CONSIDERING SUCH EVIDENCES AS MAY BE PLACED BEFORE HIM, IN ACCORDANCE WITH LAW. WE ALSO FIND THAT A SIMILAR MATTER HAD COME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN THE ASSESSEES OWN CASE IN ITA NOS. 2527/MUM/2011 AND 7376/MUM/2012, FOR ASSESSMENT YEARS 2005-06 & 2009- 10, VIDE ORDER DATED 11-03-2015, WHEREIN, THE TRIBUNAL HELD AS UNDER:- AFTER CONSIDERING THE AFORESAID FACTS, IT IS UNDISP UTED FACT THAT, THE SIMILAR ISSUE WAS SET ASIDE BY THE TRIBUNAL TO THE FILE OF THE AO FOR DECIDING IT AFRESH. IN THE SET ASIDE PROCEEDINGS, THE A.O., AFTER EXAMINING THE ASSESSEES CLAIM HAS ALLOWED THE CLAI M OF DEDUCTION U/S 80IB, IN RESPECT OF THE NEW UNIT-II AT SILVASSA. A CCORDINGLY, WE ALSO SET ASIDE THE MATTER TO THE FILE OF THE AO TO DEAL AND DECIDE THE ISSUE IN LINE OF HIS EARLIER ORDER PASSED IN SET ASIDE PROCEEDING PASSED IN PURSUANCE OF ITATS ORDER. THUS, THE GROUND RAISED BY THE AS SESSEE FOR BOTH THE ASSESSMENT YEARS ARE TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSE. 3. RESPECTFULLY FOLLOWING THE CONSISTENT VIEW TAKEN BY THE TRIBUNAL AS MENTIONED IN THE AFORESAID ORDERS, WE ALSO SET ASID E THE MATTER TO THE FILE OF THE A.O. TO DECIDE THE SAME AFRESH IN LINE WITH HIS EARLIER ORDER PASSED IN THE SET ASIDE PROCEEDINGS IN PURSUANCE OF THE TRIBUNAL ORDER. THUS, THE GROUND RAISED BY THE ASSESSEE IS TREATED AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATE D AS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH JULY, 2015. . ' *+,- $ /0 1 2 13-07-2015 + ' 3& SD/- SD/- (N.K. BILLAIYA) (A.D. JAIN ) ACCOUNTANT MEMBER /J UDICIAL MEMBER / $ & MUMBAI ; 1 DATED 13-07-2015 [ ITA 722/M/14 3 %.../ R.K. R.K. R.K. R.K. , SR. PS ! ' #$%& ' &$ / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '# ! / THE RESPONDENT. 3. $ F( () / THE CIT(A)- 30, MUMBAI 4. $ F( / CIT- CITY -19, MUMBAI 5. I%J 3 '(KL , ) KL- , / $ & / DR, ITAT, MUMBAI F BENCH 6. 3 M N & / GUARD FILE. ! ( / BY ORDER, # I( '( //TRUE COPY// )/(* + ( DY./ASSTT. REGISTRAR) , / $ & / ITAT, MUMBAI