M/s M/s Zephyr Biomedicals, Panaji V. The Assistant Commissioner of Income Tax, Circle-1 (1), Panaji., Panaji

MA 12/PAN/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4815 (ITAT-PANAJI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 13-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAMESH S MUTAGAR
• Assessee Lawyers: MANJUNATH HEGDE
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER M.A.NO. 12/PAN/2016 ( ITA NO. 331 /PN J /201 3 & CO NO. 25/PNJ/2014 ) (ASST. YEAR : 20 06 - 07 ) M/S. ZEPHYER BIOMEDICALS, PLOT NO.13, SAGAR SOCIETY, DONA PAULA, PANAJI. VS. ACIT, CIRCLE - 1, PANAJI GOA. PAN NO. AAAFZ 1800 B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PRAMOD VAIDYA ADV. & SHRI MANJUNATH HEGDE - CA DEPARTMENT BY : SHRI RAMESH S. MUTAGAR - DR DATE OF HEARING : 1 6 / 0 9 /201 6 . DATE OF PRONOUNCEMENT : 1 6 / 0 9 /201 6 . O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER THIS IS A MISC. APPLICATION FILED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 331/ PNJ/ 2013 , DATED 08/06/2015. 2. SHRI PRAMOD VAIDYA, ADV OCATE ALONG WITH SHRI MANJUNATH HEGDE, CA REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI RAMESH S. MUTAGAR, DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE REVENUE. 3 . IT WAS SUBMITTED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE THAT THE TRIBUNAL HAS NOT GIVEN ANY FI N DING IN THE REVENU E S APPEAL, EVEN THOUGH THE ISSUE OF DISALLOWANCE UNDER SECTION 40(A)(IA) OF THE ACT ON ACCOUNT OF NON - DEDUCTION OF TDS UNDER SECTION 195 HAS BEEN 2 MA NO. 12 /P A N/201 6 DISCUSSED IN THE ORDER. IT WAS THE SUBMISSION THAT THE ORDER OF THE TRIBUNAL WAS LIABLE TO BE RECALLED. 4 . IN REPLY, DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE TRIBUNAL HAS RESTORED THE ISSUES IN BOTH THE REVENUES APPEAL AND THE CROSS OBJECTION FILED BY THE ASSESSEE TO THE ASSESSING OFFICER FOR RE - ADJUDICATION. IT WAS THE SUBMISSION THAT T HERE WAS NO ERROR IN THE ORDER OF THE TRIBUNAL. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERUSAL OF PARA 5 OF THE ORDER OF THE TRIBUNAL SHOWS THAT THE I S SUES IN BOTH THE REVENUES APPEAL AND THE ASSESSEES CROSS OBJECTION HAVE BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION. NO SPECIFIC FINDING IN RESPECT OF THE ISSUE OF DISALLOWANCE UNDER SECTION 40(A)(IA) HAD BEEN SPECIFICALLY GIVEN BECAUSE THE ASSESSEE IN THE CROSS OBJECTION HAS CLAIMED FOR DEDUCTION UNDER SECTION 80IB IN RESPECT OF DISALLOWANCE MADE BY INVOKING THE PROVISIONS OF SECTION 40(A)(IA), WHICH WAS NOT BEFORE THE ASSESSING OFFICER. IN THESE CIRCUMSTA N CES, AS NO ERROR HAS BEEN POINTED IN THE ORDER OF THE TRIBUNAL, THE MISC. APPLICATION FILED BY THE ASSESSEE STANDS DISMISSED. 6 . IN THE RESULT, MISC. APPLICATION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON FRIDAY , THE 1 6 TH DAY OF SEPTEMBER , 201 6 AT GOA . S D / - S D / - (N.S.SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 1 6 TH SEPTEMBER , 201 6 . 3 MA NO. 12 /P A N/201 6 VR/ - COPY TO: 1 . THE ASSESSEE. M/S. ZEPHYER BIOMEDICALS, PLOT NO.13, SAGAR SOCIETY, DONA PAULA, PANAJI. 2 . THE REVENUE. ACIT, CIRCLE - 1, PANAJI GOA. 3 . THE CIT 4 . THE CIT(A) 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI