SUPREME INDUSTRIES LTD, V. ADDL CIT LARGE TAX PAYERS UNIT (LTU),

MA 10/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3572 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-05-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2001-2002
• Appeal Filed On: 07-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI D.MANMOHAN, VP AND SHRI R.S.SYAL, AM M.A.NO.10/MUM/2010 (ARISING OUT OF ITA NOS.904, 867 & 868/M/2005 : A.Y EARS 1999-2000 TO 2001-02) M/S.THE SUPREME INDUSTRIES LIMITED 612, RAHEJA CHAMBERS 213, NARIMAN POINT, MUMBAI 400 021. PA NO.AAACT1344F. VS. THE ADDL.COMMISSIONER OF INCOME-TAX LARGE TAX PAYERS UNIT (LTU) 29 TH FLOOR, WORLD TRADE CENTRE-1 CUFFE PARADE, MUMBAI 400 005. (APPLICANT) (RESPONDENT) APPLICANT BY : S/SHRI PERCY J.PARDIWALA & NITESH JO SHI RESPONDENT BY : SHRI MOHD. USMAN O R D E R PER R.S.SYAL, AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT, 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECTIFIC ATION OF THE ORDER OF THE TRIBUNAL DATED 18.01.2008 IN ITA NOS.904, 867 AND 8 68/MUM/2005. 2. THE LEARNED COUNSEL FOR THE ASSESSEE CONT ENDED THAT THE ASSESSEE RAISED, INTER ALIA, GROUND NOS. 3(A), 3(B) AND 4 FOR ASSES SMENT YEARS 1999-2000 AND 2000- 2001 AND GROUND NOS.4 AND 5 FOR ASSESSMENT YEAR 200 1-2002 AGAINST NOT GRANTING DEDUCTION U/S.80HHC AND 80-IA WHILE COMPUTING THE I NCOME U/S.115JA AND 115JB AND ALSO AGAINST THE DIRECTION GIVEN BY THE LEARNED CIT(A) ON SECTION 115-O VIS-- VIS SECTION 115JB. WHILE REFERRING TO PARA 20 OF TH E TRIBUNAL ORDER IT WAS CONTENDED THAT THESE GROUNDS WERE TAKEN UP FOR CONS IDERATION BUT WHILE RENDERING THE DECISION, THE FINDING WAS GIVEN ONLY QUA SECT ION 115-O VIS-A-VIS 115JB AT THE END OF PARA 28. IT WAS SUBMITTED THAT THE OTHER ISS UE OF NOT GRANTING DEDUCTION U/S.80HHC AND 80-IA WHILE COMPUTING THE INCOME U/S. 115JA REMAINED UNDISPOSED OFF. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THE FACTUAL POSITION, AS STATED ON BEHALF OF THE ASSESSEE. MA NO.10/MUM/2010 M/S.THE SUPREME INDUSTRIES LIMITED. 2 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD WE FIND FROM THE IMPUGNED ORDER THAT THE TRI BUNAL TOOK UP GROUND NOS. 3(A), 3(B) AND 4 FOR ASSESSMENT YEAR 1999-2000 AND 2000-2 001; AND GROUND NOS.4 AND 5 FOR ASSESSMENT YEAR 2001-2002 FOR DISCUSSION AND DE CISION VIDE PARA 20 OF THE ORDER. IN THE SUBSEQUENT PARAS ONLY THE QUESTION OF SECTION 115-O VIS--VIS SECTION 115JB HAS BEEN DISCUSSED AND DECIDED UPON. THERE I S NO DECISION ON THE OTHER ISSUES WHICH ARE SUBJECT MATTER OF GROUND NOS. 3(A) AND 3(B) FOR ASSESSMENT YEAR 1999-2000 AND 2000-2001 AND GROUND NOS. 4 AND 5 FOR ASSESSMENT YEAR 201-2002. NON-ADJUDICATION OF GROUNDS RAISED BY THE ASSESSEE HAS RENDERED THE IMPUGNED ORDER ERRONEOUS AND HENCE AMENABLE TO RECTIFICATIO N. WE, THEREFORE, RECALL THE IMPUGNED ORDER ONLY FOR THE LIMITED PURPOSE OF ADJ UDICATING GROUND NOS.3(A) AND 3(B) FOR ASSESSMENT YEAR 1999-2000 AND 2000-2001 AN D GROUND NOS. 4 AND 5 FOR ASSESSMENT YEAR 2001-2002. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED PRO TANTO. ORDER PRONOUNCED ON THIS 14 TH DAY OF MAY, 2010. SD/- SD/- ( D.MANMOHAN ) ( R.S.SYAL ) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI : 14 TH MAY, 2010. DEVDAS* MA NO.10/MUM/2010 M/S.THE SUPREME INDUSTRIES LIMITED. 3 COPY TO : 1. THE APPLICANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) CENTRAL - V, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.