M/s G.c. Fibres Ltd., Solan V. DCIT, Parwanoo

ITA 777/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6831 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 04-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND DR.B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO. 777/CHD/2017 ASSESSMENT YEAR : 2010-2011 M/S G.C.FIBRES LTD., VS. THE DCIT, VILLAGE SALLEWAL, CIRCLE, TEHSIL - NALAGARH, PARWANOO. DISTT. SOLAN (HP). PAN NO. AABCG9898G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANOJ KUMAR, CA RESPONDENT BY : SHRI MANJIT SINGH, SR.DR DATE OF HEARING : 04.07.2017 DATE OF PRONOUNCEMENT : 20.09.2017 ORDER PER DIVA SINGH,JM THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE ASS AILING THE CORRECTNESS OF THE ORDER DATED 29.03.2017 OF CIT (APPEALS ) SHIMLA PERTAINING TO 2010-11 ASSESSMENT YEAR ON THE FOLLOWING GROUND : THE ID. CIT(A) IS WRONG IN DISALLOWING THE BENEFIT OF SUBSTANTIAL EXPANSION U/S 80IC AND CONFIRMING THE DEDUCTION U/S 80IC ONLY TO THE E XTENT OF 30% AS AGAINST 100% BY HOLDING THAT BENEFIT OF SUBSTANTIAL EXPANSION IS AL LOWABLE ONLY TO THE UNDERTAKING WHICH WERE EXISTING AS ON 07.01.2003. 2. IT WAS COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE IS SUE IN THE PRESENT APPEAL IS COVERED AGAINST THE ASSESSEE IN T ERMS OF THE ORDER DATED 08.10.2015 OF THE CHANDIGARH BENCH OF THE ITAT IN THE CASE OF M/S HYCRON ELECTRONICS VS ITO, BADDI ITA NO. 326/CHD/2015. NO CHANGE IN FACTS AND CIRCUMSTANCES HAS BEEN BROUGHT TO THE NOTICE OF THE ITAT. THE ASSESSEE, IN THE FACTS OF THE PRESENT CASE IS ENGAGED IN MANUFACTURING OF COTTON YARN. IT IS THE SIXTH YEAR FOR CLAIM OF DEDUCTION U/S 80IC. THIS FACT WAS BROUGHT TO THE NOTICE OF THE ASSESSEE AND AFTER CO NSIDERING THE SUBMISSIONS, THE CASE OF THE ASSESSEE WAS DISMISSED BY TH E AO WHICH WAS CONFIRMED IN APPEAL BEFORE THE CIT(A). CONSIDERING THE FACTS AS DISCUSSED IN PARA 5.1.1 OF THE IMPUGNED ORDER WHICH FACTS ARE NOT IN DISPUTE. THUS, IN THE ABSENCE OF ANY CHANGE IN FACTS, CIRCUMSTANCES OR POS ITION OF LAW, THE ITA 777/CHD/2017 A.Y. 2010-11 PAGE 2 OF 2 APPEAL OF THE ASSESSEE IS DISMISSED. WHILE SO HOLDING, IT IS PERTINENT TO NOTE THAT THE LD. AR HAS REQUESTED THAT IT MAY NOT BE CONSI DERED THAT THE ASSESSEE HAS GIVEN UP THE ISSUE FOR ALL TIMES TOGETHER AS THE ASSESSEE WOULD WANT TO CARRY THE ISSUE BEFORE A HIGHER FORUM ALTHOUGH AS FAR AS THE P RESENT FORUM IS CONCERNED, THE ISSUE IS AGAINST THE ASSESSEE. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER,2017. SD/- SD/- (DR. B.R.R.KUMAR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 20 TH SEPTEMBER,2017. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.