The ACIT, Vapi Circle, Vapi V. M/s. Bilag Industries Pvt.Ltd., Vapi

MA 121/AHD/2011

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1938 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 06-06-2014
• Assessment Year: 1999-2000
• Appeal Filed On: 18-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA
• Assessee Lawyers: M K PATEL
• Section: 80HHC

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD , , , , 0 00 0 0 00 0 ' ' ' ' , , , , #$ #$ #$ #$ # % # % # % # % BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER MA NO. 121/AHD/2011 (ARISING OUT OF ITA NO. 2268/AHD/2005) ASSESSMENT YEAR 1999-2000 BILAG INDUSTRIES P. LTD. 306/3, IIND PHASE, GIDC, VAPI-396191. PAN: AABCB2100L VS ACIT, VAPI CIRCLE, VAPI. &'/ APPELLANT )*&' / RESPONDENT REVENUE BY : SHRI O.P. BATHEJA, SR. DR ASSESSEE(S) BY : SHRI M.K. PATEL, AR + , $/ // / DATE OF HEARING : 06/06/2014 -./ , $ / DATE OF PRONOUNCEMENT : 06/06/2014 #0 #0 #0 #0/ // / O R D E R PER SHRI N.S. SAINI, ACCOUNTANT MEMBER: THIS IS A MISCELLANEOUS APPLICATION FILED BY THE RE VENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 18.02.2010. 2. THE DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT IN THIS MISCELLANEOUS APPLICATION THE GRIEVANCE OF THE REVE NUE IS THAT WHILE DECIDING GROUND NO. 7 AND 9 OF THE APPEAL WHICH PERTAINED TO THE ALLOWING OF DEDUCTION U/S. 80HHC ON SALE OF ADVANCE LICENSE, TH E TRIBUNAL DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE BY FOLLOWING THE DE CISION OF THE MUMBAI SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS. ITO (2009) 125 TTJ 289 (MUM.). MA NO. 121/AHD/2011 (ARISING OUT OF ITA NO. 2268/AHD/2005) M/S BILAG INDUSTRIES LTD., VAPI AY 1999-2000 - 2 - 3. THEREAFTER, THE DECISION OF THE SPECIAL BENCH O F THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS (SUPRA) WAS OVERRULED BY THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. KALPATARU COLOURS AND CHEMICALS (2010) 328 ITR 451 (BOM.). THEREFORE, THE REVENUE FILED T HIS MISCELLANEOUS APPLICATION FOR RECTIFYING THE ORDER OF THE TRIBUNA L. 4. HE FURTHER SUBMITTED THAT THE DECISION OF THE H ONBLE BOMBAY HIGH COURT IN THE CASE OF KALPATARU COLOURS AND CHE MICALS (SUPRA) HAS NOW BEEN OVERRULED BY THE HONBLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS VS. CIT (2012) 342 ITR 49 (SC) AND THE ORDER OF THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS (SUPRA) HAS BEEN CONFIRMED. THEREFORE, THE MISCELLANEOUS APPLICATION FILED BY T HE REVENUE HAS BECOME INFRUCTUOUS. 5. IN VIEW OF THE ABOVE SUBMISSION OF THE DEPARTME NTAL REPRESENTATIVE, WE DISMISS THE MISCELLANEOUS APPLIC ATION FILED BY THE REVENUE. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF HEARI NG IN THE PRESENCE OF THE PARTIES ON FRIDAY, THE 6 TH OF JUNE, 2014 AT AHMEDABAD. SD/- SD/- (MUKUL KR. SHRAWAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 06/6/2014 GHANSHYAM MAURYA, SR. P.S.