SHAHENAZ A SUNDRANI, MUMBAI V. ACIT CIR 12(3),

ITA 868/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84146 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 12-11-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 01-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Assessee Lawyers: MARLON REGO
• Section: 80HHC

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, M UMBAI BEFORE HONBLE S/SHRI VIJAY PAL RAO (JM) , AND B.R.BASKARAN (AM) , . . , ./I.T.A. NO.868/MUM/2013 ( / ASSESSMENT YEAR : 2003-04) MRS. SHAHENAZ A SUNDRANI, 3 NEW OBERAO SHOPPING CENTRE, NARIMAN POINT, MUMBAI-400021 / VS. ASSTT. COMMISSIONER OF INCOME TAX 12(3), MUMBAI ( / APPELLANT) .. ( / RESPONDENT) ./ ./ PAN/GIRNO.:ABFPSO354K ! / APPELLANT BY : SHRI MARLON REGO ' ! /RESPONDENT BY SHRI LOVE KUMAR # ' $% / DATE OF HEARING : 12.11.2014 &' ' $% /DATE OF PRONOUNCEMENT : 19.11.2014. / O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 22.11.2012 PASSED BY LD CIT(A)-10, MUMBAI AND IT RE LATES TO THE ASSESSMENT YEAR 2003-04. 2. THE ONLY ISSUE AGITATED BEFORE US BY THE ASSESSE E RELATES TO CLAIM FOR DEDUCTION U/S 80HHC OF THE INCOME TAX ACT ON DEPB R ECEIPTS. 3. THE LD. COUNSEL APPEARING FOR THE ASSESSEE SUBMI TTED THAT THE ISSUE RELATING TO DEPB TRAVELLED UP TO TRIBUNAL IN THE EARLIER ROUND OF PROCEEDINGS AND ITAT, VIDE ITS ORDER DATED 1.4.2008 IN ITA NO.3590/ MUM/2007, RESTORED THE ITA NO.868/M/2013 2 MATTER TO THE FILE OF THE AO WITH THE DIRECTION T O FOLLOW THE DECISION RENDERED IN ANOTHER CASE NAMED M/S HANUMANDAS MADAN LAL (ITA NO .5658/M/06 DATED 14.11.07). ACCORDINGLY, THE AO PASSED THE CONSEQUE NTIAL ORDER. IN THE MEAN TIME, THE HONBLE SUPREME COURT HAS DECIDED THE SAI D ISSUE IN THE CASE OF TOPMAN EXPORTS V/S CIT (2012) 342 ITR 49(SC). HENC E, THE ASSESSEE CHALLENGED THE AOS ORDER BEFORE THE LD. CIT(A) WIT H THE PLEA THAT THE DECISION RENDERED BY THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS LTD (SUPRA) NEEDS TO BE FOLLOWED FOR ALLOWING DEDUCTION U/S 80HHC OF THE ACT IN RESPECT OF DEPB. HOWEVER, THE LD CIT(A) HELD THE ASSESSING OFFICER HAS DULY FOLLOWED THE DIRECTION GIVEN BY THE ITAT AND ACCORD INGLY DISMISSED THE APPEAL FILED BY THE ASSESSEE. THE LD A.R SUBMITTED THAT T HE DECISION RENDERED BY THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS (SUPRA) IS BINDING AND ACCORDINGLY PRAYED THAT SUITABLE DIRECTION BE GIVEN TO THE ASSESSING OFFICER. 4. WE HAVE HEARD LD D.R AND PERUSED THE RECORD. WE FIND MERIT IN THE SUBMISSIONS MADE BY LD A.R. ACCORDINGLY, WE SET AS IDE THE ORDER OF LD CIT(A) AND DIRECT THE ASSESSING OFFICER TO FOLLOW THE DECI SION RENDERED BY HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS (SUPRA) FOR ALLOWING DEDUCTION U/S 80HHC OF THE ACT IN RESPECT OF DEPB RECEIPTS. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPE N COURT ON 19TH NOV, 2014 . &' # () * + 19TH NOV , 2014 ' ' , - SD SD ( / VIJAY PAL RAO ) ( . . ,/ B.R. BASKARAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER ( # MUMBAI: 19TH NOV,2014. . . ./ SRL , SR. PS ITA NO.868/M/2013 3 !'#$ %$&' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. # 0 $ ( ) / THE CIT(A)- CONCERNED 4. # 1$ / CIT CONCERNED 5. 6. 2, $ 3 , % 3 , ( # / DR, ITAT, MUMBAI CONCERNED ,4 5 / GUARD FILE. 6 # / BY ORDER, TRUE COPY 7 (ASSTT. REGISTRAR) % 3 , ( # /ITAT, MUMBAI