ACIT, Trichy V. M/s. A.T.M.Tex, Karur

MA 178/CHNY/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6855 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 09-09-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 22-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: QUADIR HOSEYN LAWYER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI (BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER) .. M.P. NO. 178/MDS/2010 (IN I.T.A. NO. 1847/MDS/2008) ASSESSMENT YEAR : 2004-05 THE ASST. COMMISSIONER OF INCOME TAX , CIRCLE-II, RANGE-II, TIRUCHIRAPPALLI. (PETITIONER) V. M/S.A.T.M.TEX., 30,CHINNANDAN KOIL ROAD, KARUR. PAN : AAHFA 9633 Q (RESPONDENT) PETITIONER BY : SHRI SHAJI P JACOB, SR. DR RESPONDENT BY : SHRI QUADIR HOSEYN, LAWYER DATE OF HEARING : 09.09.11 DATE OF PRONOUNCEMENT : 09.09.11 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER : THROUGH THIS MISCELLANEOUS APPLICATION, IT HAS BE EN CANVASSED THAT THE BENCH HAS DECIDED THE ISSUE VIDE ORDER DAT ED, IN THE CAPTIONED CASE, REGARDING DEDUCTION U/S.80HHC ON DE PB BY FOLLOWING THE DECISION OF SPECIAL BENCH IN THE CASE OF TOPMAN EXPORTS REPORTED IN 318 ITR (AT) 87, THE RATIO OF W HICH DECISION HAS SUFFERED SCRUTINY OF HONBLE MUMBAI HIGH COURT AND HAS SINCE BEEN REVERSED. IN THE LIGHT OF THAT DECISION OF HONBLE BOMBAY HIGH COURT M.P. NO. 178/MDS/10 M/S.A.T.M.TEX., 2 RENDERED IN THE CASE OF C.I.T. VS.KALPATARU COLOURS AND CHEMICALS, REPORTED IN 328 ITR 451, WE ARE OF THE CONSIDERED V IEW THAT THERE IS A RECTIFIABLE MISTAKE IN THE TRIBUNAL ORDER, DATED 9 TH APRIL, 2010. SINCE WE HAVE ONLY RESTORED THE ISSUE IN QUESTION TO THE FILE OF THE ASSESSING OFFICER TO DECIDE THE ISSUE IN THE LIGHT OF TOPMAN EXPORTS, WHICH IS NO LONGER A GOOD LAW, WE MODIFY OUR ORDER TO THE EXTENT THAT THE ASSESSING OFFICER SHALL DECIDE THE ISSUE AFRESH IN THE LIGHT OF THE PRESENT LEGAL POSITION OBTAINING ON THE ISSUE, PART ICULARLY IN VIEW OF THE DECISION OF THE HONBLE BOMBAY HIGH COURT (SUPR A). WITH THAT OBSERVATION WE MODIFY THE TRIBUNAL ORDER IN QUESTIO N AND ALLOW THE MISCELLANEOUS PETITION TO THAT EXTENT. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE 9 TH DAY OF SEPTEMBER, 2011. SD/- SD/- (ABRAHAM P. GEORGE) ( HARI OM MARATHA) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 9TH ,SEPTEMBER 2011. K S SUNDARAM. COPY TO: (1) PETITIONER 4.CIT (2) RESPONDENT 5.D.R. (3) CIT(A) 6. GUARD FILE