Smt Anju Saraf, Nagpur V. ACIT Circle-I, Nagpur

ITA 80/NAG/2012

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1561 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 05-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: SUDESH BANTHIA
• Section: 80IB; 6; 2

Judgement Text

1 ITA NO. 80/NAG/2012 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 80/NAG/2012 ASSESSMENT YEAR : 2006 - 07. SMT. ANJU SARAF, ASSTT. COMMISSIONER OF INCOME - TAX, NAGPUR. VS. CIRCLE - I, NAGPUR. PAN AETPS5421E APPELLANT. RESPONDENT. APPELLANT BY : SHRI SUDESH BANTHIA. RESPONDENT BY : SMT. SUMAN MALIK. DATE OF HEARING : 18 - 11 - 2015. DATE OF PRONOUNCEMENT : 30 TH NOV., 2015. O R D E R PER SHRI SHAMIN YAHYA, A.M . THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 19 - 12 - 2011 AND PERTAINS TO ASSESSMENT YEAR 2006 - 07. 2. THE ISSUE RAISED IS THAT THE CIT(APPEALS) ERRED IN HOLDING THAT THE ASSESSEE IS NOT ELIGIBLE FOR DEDUCTION U/S 80IB OF THE I.T. ACT 3. WE HAVE HEA RD BOTH THE COUNSEL AND PERUSED THE RECORDS. AT THE OUTSET IN THIS CASE LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT ON MERITS THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2004 - 05 WHEREIN ON IDENTICAL ISSUE AND ON IDENTICAL FACTS THE TRIBUNAL HAS HELD THAT THE ASSESSEE WAS ELIGIBLE FOR DEDUCTION U/S 80IB. 2 ITA NO. 80/NAG/2012 4. PER CONTRA LEARNED D.R. HAS STATED THAT THE ITATS DECISION HAS NOT ELABORATELY DISCUSSED THE ISSUE AND HENCE THE SAME IS N OT APPLICABLE ON THE FACTS OF THIS CASE. 5. UPON CAREFUL CONSIDERATION WE FIND THAT THIS TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2004 - 05 VIDE ORDER DATED 24 - 07 - 2009 HAD HELD THAT THE ASSESSEE WAS ENTITLED TO DEDUCTION U/S 80IB. THE AO HAS NOT F OLLOWED THE ITATS ORDER ON THE GROUND THAT THE DEPARTMENT HAS FILED THE APPEAL AGAINST THE DECISION BEFORE THE HONBLE HIGH COURT. LEARNED CIT(APPEALS) HAS NOT ACCEPTED THE ITATS DECISION ON THE GROUND THAT THE TRIBUNAL W AS NOT PROPERLY APPRISED OF THE FACTS. WE FIND THAT SINCE THE FACTS ARE IDENTICAL AND IN ASSESSEES OWN CASE THE TRIBUNAL HAS DECIDED THE ISSUE, JUDICIAL DISCIPLINE MANDATES THAT WE FOLLOW THE ORDER OF THE TRIBUNAL. WE FURTHER NOTE THAT THE REVENUE HAS ALREADY FILED APPEAL BEFORE THE HON BLE HIGH COURT IN INCOME TAX APPEAL NO. 76 OF 2010. IN THIS VIEW OF THE MATTER SINCE THE HONBLE JURISDICTIONAL HIGH COURT HAS NOT REVERSED THE DECISION OF ITAT, WE FOLLOW THE ABOVE SAID ORDER OF ITAT IN ASSESSEES OWN CASE. HENCE WE SET ASIDE THE ORDER OF LEARNED CIT(APPEALS) AND HOLD THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION U/S 80IB. 6 . IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF NOV., 2015. SD/ - SD/ - (MUKUL K. SHRAWAT) ( SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER. NAGPUR, DATED: 30 TH NOV., 2015. 3 ITA NO. 80/NAG/2012 C OPY FORWARDED TO : 1. SMT. ANJU SARAF, C - 2, YOGESHWAR GANGA APARTMENT, RAMDASPETH, NAGPUR - 10. 2. ACIT, CIRCLE - 1,, NAGPUR. 3. C.I.T., CONCERNED 4. CIT(APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.