Sun Pharmaceuticals Industries Ltd., Baroda V. The Asstt. Commissioner of Income Tax, Central Circle-1, Baroda

MA 154/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4829 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 22-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80HHC

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER MA NOS. 154 & 156/AHD/2016 (ARISING OUT OF ITA NOS. 1701/AHD/2007 & 1287/AHD/2 008) / ASSESSMENT YEAR : 2003-04 & 2004-05 SUN PHARMACEUTICALS INDUSTRIES LTD., SPARC, TANDALJA, BARODA PAN : AADCS 3124 K VS ACIT, CENTRAL CIRCLE-1, BARODA / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI PARIN SHAH, AR REVENUE BY : SHRI PRASOON KABRA, SR DR / DATE OF HEARING : 21/10/2016 / DATE OF PRONOUNCEMENT: 24/10/2016 / O R D E R PER N.K. BILLAIYA, ACCOUNTANT MEMBER: THESE MISCELLANEOUS APPLICATION NOS. 154/AHD/2016 AND 156/AHD/2016 ARE ARISING OUT OF THE ORDER OF THE TR IBUNAL IN ITA NOS. 1701/AHD/2007 AND 1287/AHD/2008 RESPECTIVELY. BOTH THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE ASSESSEE. THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. MA NO.154/AHD/2016 2. IT HAS BEEN BROUGHT TO THE NOTICE OF THE TRIBUNA L THAT WHILE ADJUDICATING GROUND NO.5 A RECTIFIABLE MISTAKE HAS BEEN OCCURRED IN THE FINDINGS OF THE TRIBUNAL AND THE SAME NEED TO BE RE CTIFIED. 3. GROUND NO.5 RELATES TO NOT TREATING THE INTER UN IT SALES AS TURNOVER FOR COMPUTING DEDUCTION U/S 80HHC OF THE ACT. THE FIRS T APPELLATE AUTHORITY HAS DECIDED THIS ISSUE IN FAVOUR OF THE ASSESSEE AN D THE REVENUE WAS IN APPEAL BEFORE THE TRIBUNAL. THE TRIBUNAL CONCURRED WITH THE FINDINGS GIVEN MA NOS. 154 & 156/AHD/2016 SUN PHARMA IND. LTD VS. ACIT AYS : 2003-04 & 2004-05 2 BY THE CIT(A); HOWEVER, WHILE ADJUDICATING THE GRIE VANCE OF THE REVENUE, DUE TO OVERSIGHT, IT HAS BEEN MENTIONED THAT GROUN D NO.5 IS ACCORDINGLY ALLOWED. THE SAME SHOULD BE READ AS GROUND NO.5 IS ACCORDINGLY DISMISSED. MA NO.154/AHD/2016 IS ACCORDINGLY ALLOWED. MA NO.156/AHD/2016 4. IT HAS BEEN BROUGHT TO THE NOTICE OF THE TRIBUNA L THAT THE BENCH HAS DECIDED THE GROUND NO.7 RELATING TO GRANT OF DEDUCT ION U/S 80HHC WITHOUT INCLUDING INSURANCE CLAIM OF RS.74,86,392/- IN TOTAL TURNOVER. WE FIND THAT THIS GROUND IS COVERED BY GROUND NO.4 OF AY 2002-03 IN ITA NO.1558/AHD/2006. HOWEVER, DUE TO INADVERTENCE, IT HAS BEEN MENTIONED THAT THE SAME IS COVERED BY GROUND NO.9. RECTIFYIN G THE TYPOGRAPHICAL ERROR, GROUND NO.9 SHOULD BE READ AS GROUND NO.4. MA IS ACCORDINGLY ALLOWED. 5. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIO NS ARE ALLOWED AS ABOVE. SD/- S D/- (S.S. GODARA) JUDICIAL MEMBER (N.K. BILLAIYA) ACCOUNTANT MEMBER AHMEDABAD; DATED 24/10/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD