GMM Pfaulder Ltd., Ahmedabad V. The ACIT.,Circle-4, Ahmedabad

MA 179/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7655 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 14-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80HHC

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , . ! !,'# ' $ BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MA NO.179/AHD/2011 [ ./ IN I.T.A. NO.1476/AHD/2006 ] ( ! & ! & ! & ! & / / / / ASSESSMENT YEAR : 2002-03) GMM PFAUDLER LTD. B. JADAV CHAMBERS 3 RD FLOOR ASHRAM ROAD AHMEDABAD ! ! ! ! / VS. THE ASST.CIT CIRCLE-4 AHMEDABAD ' '# ./() ./ PAN/GIR NO. : AABCG 5063A ( '* / // / APPLICANT ) .. ( +,'*/ RESPONDENT ) '* - '/ APPLICANT BY : MS.URVASHI SHODHAN, A.R. +,'* . - ' / RESPONDENT BY : MR.SAMIR TEKRIWAL, SR.D.R. !/ . 0#/ // / DATE OF HEARING : 02/03/2012 1 & . 0# / DATE OF PRONOUNCEMENT : 16/03/2012 '2/ O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE ON 14/11/2011 ARISING FROM THE ORDER OF THE ITAT A BENCH AHMEDABAD BEARING ITA NO.1476/AHD/2006 FOR A.Y. 2002-03 DATED 11/02/2011. 2. FROM THE SIDE OF THE APPLICANT-ASSESSEE, LD.AR M S.URVASHI SHODHAN APPEARED AND PLACED RELIANCE ON THE FOLLOWING PARAG RAPHS OF THE MISCELLANEOUS APPLICATION. 2. THE HONBLE TRIBUNAL HAS PASSED A COMBINED ORDER FOR VARIOUS YEARS AND THE MISCELLANEOUS APPLICATION IS IN RESPE CT OF APPEAL ORDER IN ASSESSEES APPEAL FOR ASST.YEAR: 2202-03 IN ITA NO: 1476/A/06 MA NO. 179/AHD/2011 (OUT OF ITA NO.1476/AHD/2006) GMM PFAUDLER LTD. VS. ACIT ASST.YEAR -2002-3 - 2 - REGARDING GROUND NO:11 RELATING TO ERRONEOUS EXCLUSION OF 90% OF SALE OF SCRAP FOR THE PURPOSE OF DEDUCTION UNDER S. 80HHC. THE GROUND IS DISCUSSED AT PARA 33 AND 34 OF THE ORDER. 3. THE HONBLE TRIBUNAL WAS KIND ENOUGH TO ADJUDICA TE THE SAID GROUND AND DECIDED THE SAME IN FAVOUR OF THE APPLICANT AT PARA 35 ON PAGE 24 OF THE ORDER BY RECORDING THE FINDINGS AND CONCLUSION IN THE EIGHTH LINE AS FOLLOWS: PARA 35: HERE IN THE PRESENT CASE THE SCRAP IS BUSINESS INCO ME GENERATED FROM MANUFACTURING ACTIVITIES AND IS, THE REFORE, PART OF BUSINESS PROFIT BUT IS NOT AKIN TO COMMISSION, BROK ERAGE, INTEREST RENT ETC. ANY PART THEREOF CANNOT BE EXCLUDED FROM THE B USINESS PROFIT. THE HONBLE TRIBUNAL THUS ACCEPTED THE GROUND THAT W HILE COMPUTING 80HHC DEDUCTION, SCRAP SALE IS NOT TO BE EXCLUDED F ROM BUSINESS PROFIT. HOWEVER, IN THE LINE IMMEDIATELY FOLLOWING, THE TRI BUNAL THROUGH OVERSIGHT HAS STATED THAT THEREFORE, THIS GROUND OF ASSESSEE IS REJECTED INSTEAD OF STATING THAT.. THIS GROUND OF ASSESSEE IS ALLOWED. 3. HAVING HEARD THE SUBMISSIONS OF BOTH THE SIDES, WE ARE CONVINCED THAT PARA 35 OF THE ORDER OF THE TRIBUNAL DATED 11/2/201 1(SUPRA) THE WORD REJECTED HAS WRONGLY BEEN TYPED AND THE SAME DESERVES TO B E REPLACED BY THE WORD ALLOWED . WE DIRECT ACCORDINGLY. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE IS ALLOWED. SD/- SD/- ( . ! ! ) ( ) '# ( A. MOHAN ALANKAMONY ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIA L MEMBER AHMEDABAD; DATED / /2012 30..!, .!../ T.C. NAIR, SR. PS MA NO. 179/AHD/2011 (OUT OF ITA NO.1476/AHD/2006) GMM PFAUDLER LTD. VS. ACIT ASST.YEAR -2002-3 - 3 - '2 . +4 5'4& '2 . +4 5'4& '2 . +4 5'4& '2 . +4 5'4&/ COPY OF THE ORDER FORWARDED TO : 1. '* / THE APPLICANT (BY ASSESSEE) 2. +,'* / THE RESPONDENT 3. 6 / CONCERNED CIT 4. 6() / THE CIT(A)-VI, AHMEDABAD 5. 49: +! , , / LEARNED DEPARTMENTAL REPRESENTATIVE, ITAT, AHMEDABAD 6. :;