DCIT, Circle - 7, Kolkata, Kolkata V. World Wide Safety Pvt. Ltd., Kolkata

ITA 955/KOL/2011

• Counselvise Citation: 95523514 RSA 2011
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 29-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMITAVA ROY
• Assessee Lawyers: ARVIND AGARWAL
• Section: 10; 143(3)

Judgement Text

I.T.A. NO.: 955/ KOL. / 2011 ASSESSMENT YEAR: 2007 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI PRAMOD KUMAR (ACCOUNTANT MEMBER) , AND SHRI MAHAVIR SINGH (JUDICIAL MEMBER) I.T.A. NO. : 955 / KOL . / 201 1 ASSESSMENT YEAR : 2007 - 08 DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 , KOLKATA .APPELLANT VS. WORLDWIDE SAFETY PRIVATE LIMITED . RESPONDENT 5A, ROBINSON STREET (4 TH FLOOR) KOLKATA 700017 [PAN : AAACW3085G] APPEARANCES BY: AMITAVA ROY , FOR THE APPELLANT ARVIND AGARWAL , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : FEBRUARY 1 5 , 2012 DATE OF PRONOUNCING THE ORDER : FEBRUARY 1 7 , 2012 O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF LEARNED COMMISSIONER (APPEALS)S ORDER DATED 21 ST FEBRUARY 2011 , IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961) FOR THE ASSESSMENT YEAR 2007 - 08. 2. GRIEVANCE RAISED BY THE ASSESSING OFFICER IS AS FOLLOWS: 1. THAT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT WHATEVER IS EXCLUDIBLE FROM EXPORT TURNOVER UNDER CLAUSE (III) OF EXPLANATION 2 TO SECTION 10 B OF THE INCOME TAX ACT, 1961, THE SAME IS EXCLUDIBLE FROM TOTAL TURNOVER ALSO, AND THEREBY DELETING THE DISALLOWANCE MADE BY THE AO ON ACCOUNT OF EXCESS CLAIM OF DEDUCTION UNDER SECTION 10 B. I.T.A. NO.: 955/ KOL. / 2011 ASSESSMENT YEAR: 2007 - 08 PAGE 2 OF 2 2. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE ABOVE ISSUE IS COVERED, IN FAVOUR OF THE ASSESSEE, BY DECISIONS OF THE COORDINATE BENCHES FOR THE ASSESSMENT YEARS 2003 - 04, 2004 - 05 AND 2006 - 07. AS A MATTER OF FACT, IN THE IMPUGNED ORDER PASSED BY THE CIT(A), HE HAS MERELY FOLLOWED THE ORDERS OF TH E COORDINATE BENCHES FOR THE EARLIER YEARS. NO DISTINGUISHING FEATURES IN FACTS AND IN LAW, VIS - - VIS THE FACTS AND LAW IN THESE YEARS, HAVE BEEN POINTED OUT TO US BY THE PARTIES. 3. WE HAVE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW TA KEN BY THE COORDINATE BENCHES, NOR DO WE SEE ANY INFIRMITY IN LEARNED CIT(A) RESPECTFULLY FOLLOWING THE VIEWS SO EXPRESSED BY THE COORDINATE BENCHES. IN THIS VIEW OF THE MATTER, WE ARE NOT INCLINED TO DISTURB THE CONCLUSIONS ARRIVED AT BY THE CIT(A). WE A PPROVE THE STAND OF THE CIT(A) AND DECLINE TO INTERFERE IN THE MATTER. 4 . IN THE RESULT, THE APPEAL IS DISMISSED . PRONOUNCE D IN THE OPEN COURT TODAY ON 17 TH DAY OF FEBRUARY, 2012. SD/ - SD/ - MAHAVIR SINGH PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, THE 17TH DAY OF FEBRUARY, 2012 COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA