M/s Quixotic Healthcare, Chandigarh V. DCIT, Chandigarh

ITA 920/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6841 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 02-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHANDER KANTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, SMC, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER ITA NO 920/CHD/2017 ASSESSMENT Y EAR: 2013-14 QUIXOTIC HEALTHCARE, VS. THE DCIT, PLOT NO. 784, INDUSTRIAL AREA, CIRCLE 1(1), PHASE-II, CHANDIGARH. CHANDIGARH. PANO. AAAFQ1947N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PARIKSHIT AGGAR WAL, CA RESPONDENT BY : SMT. CHANDER KANTA , SR.DR DATE OF HEARING : 13 .07.2017 DATE OF PRONOUNCEMENT : 15.09.2017 ORDER THE APPEAL HAS BEEN FILED BY THE ASSESSEE ASSAILIN G THE CORRECTNESS OF THE ORDER DATED 28.04.2017 OF LD. CIT (APPEALS) CHANDIGARH PERTAINS TO 2013-14 ASSESSMENT YEAR CLAIMING 100% DEDUCTION U/S 80IC OF INCOME TAX ACT. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE CLAIM IN THE PRESENT YEAR HAVING BEEN MADE IN THE SEVENTH YEAR, IS COVER ED AGAINST THE ASSESSEE BY THE ORDER DATED 08.10.2015 OF THE ITAT IN THE CASE OF M/S HYCRON EL ECTRONICS VS ITO, BADDI ITA NO. 326/CHD/2015. HOWEVER, THE LD. AR REQUESTED THAT IT MAY NOT BE UNDERSTOOD THAT THE ASSESSEE HAS GIVEN UP THE ISSUE AS IT WOULD BE TAKEN TO THE HIGHER FORUM. TAKING NOTE OF THE SUBMISSIONS AND CONSIDERING THE MATERIAL AVAILABLE ON RECORD AND THE PRECEDENT RELIED UPON, I AM OF THE VIEW THAT THERE IS NO INFIRMITY IN THE DE CISION TO LIMIT THE DEDUCTION TO THE EXTENT OF 25%. ACCORDINGLY, IN THE AFOREMENTIONED PECULIAR FA CTS AND CIRCUMSTANCES ALONGWITH THE JUDICIAL PRECEDENT CITED, THE APPEAL OF THE ASSESSE E HAS TO BE DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH SEPTEMBER,2017. SD/- (DIVA SINGH) JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.