ITO, Sawai Madhopur V. GRAMIN LAGHU UDHYOG, Hindaun City

ITA 731/JPR/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1964 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 31-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BHATEJA
• Assessee Lawyers: ADJ APPLICATION REJE CTED
• Section: 80IB

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITA NO. 731/JP/2014 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2009-10 INCOME TAX OFFICER, WARD-3, SAWAI MADHOPUR CUKE VS. M/S GRAMIN LAGHU UDHYOG, F-10, RIICO INDUSTRIAL AREA, HINDAUN CITY. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAFFG 0787 M VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI O.P. BHATEJA (ADDL.CIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : ADJ. APPLICATION REJECTED. LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 02/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 03/11/2015 VKNS'K @ ORDER PER P.K. BANSAL, A.M. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER DATED 08/08/2014 PASSED BY THE LD CIT(A), KOTA FOR A.Y. 2 009-10. THE EFFECTIVE GROUNDS OF APPEAL ARE AS UNDER:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LD CIT(A) HAS ERRED IN: ITA 731JP/2014_ ITO VS M/S GRAMIN LAGHU UDHYOG 2 (I) ALLOWING THE DEDUCTION U/S 80IB OF THE INCOME TAX ACT, 1961 IN SPITE THE FACT THAT ASSESSEE FIRM DOES NOT QUALI FY THE CONDITIONS LAID DOWN FOR AVAILING THE BENEFIT OF DED UCTION; (II) THE APPELLANT CRAVES LIBERTY TO RAISE ADDITION AL GROUND AND TO MODIFY/AMEND THE GROUND OF APPEAL AT THE TIME OF HE ARING. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE, I, THER EFORE, DECIDE TO DISPOSE OFF THE APPEAL AFTER HEARING THE LD DR. 3. AFTER HEARING THE LD DR AND GOING THROUGH THE OR DERS OF THE TAX AUTHORITIES BELOW, I NOTED THAT THE ONLY ISSUE INVOL VED IN THIS APPEAL RELATES TO ALLOWING THE EXEMPTION U/S 80IB OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) TO THE ASSESSEE BY THE LD CIT(A). I NOTED T HAT IN THE EARLIER YEAR, THIS TRIBUNAL UPHELD THE ORDER OF THE LD CIT(A) IN IT A NO. 488/JP/2009 FOR A.Y. 2005-06 VIDE ORDER DATED 23/10/2009. SIMILARLY IN THE ASSESSMENT YEAR 2006-07 ALSO, THE ITAT VIDE ITS ORDER DATED 10/ 09/2010 UPHELD THE ORDER OF THE LD CIT(A) BY ALLOWING THE EXEMPTION TO T HE ASSESSEE U/S 80IB OF THE ACT IN ITA NO. 130/JP/2010. THIS FACT HAS NOT BEEN DENIED BY THE LD DR BEFORE US. I, THEREFORE, RESPECTFULLY FOLLOWING T HE DECISION OF THIS TRIBUNAL IN THE CASE OF ASSESSEE FOR THE ASSESSMENT YEAR 2005-06 AND 2006-07, CONFIRM THE ORDER OF THE LD CIT(A) AND DIS MISS THE APPEAL FILED BY THE REVENUE. ITA 731JP/2014_ ITO VS M/S GRAMIN LAGHU UDHYOG 3 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 03 RD NOVEMBER, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ITO, WARD-3, SAWAI MADHOPUR. 2. IZR;FKHZ @ THE RESPONDENT- M/S GRAMIN LAGHU UDHYOG, HINDAUN CIT Y. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 731/JP/2014) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR