The ITO,Vapi Ward-4, Daman V. M/s. Jalaram Plast Pack, Daman

MA 198/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9583 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 15-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH, AHMEDABAD BEFORE SHRI G. C. GUPTA, HONBLE VICE PRESIDENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER M.A.NO.198/AHD/2012 IN I.T.A. NO. 1327/ AHD/2009 (ASSESSMENT YEAR 2005-06) ITO, WARD 4, DAMAN VS. M/S. JALARAM PLAST PACK, BHIMPORE, DAMAN PAN/GIR NO. : AAEFJ3685L (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI RAHUL KUMAR, SR. DR RESPONDENT BY: SHRI TUSHAR P HEMANI, AR DATE OF HEARING: 07.12.2012 DATE OF PRONOUNCEMENT: 07.12.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE REV ENUE AND IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT THE RE ARE CERTAIN MISTAKES IN THE TRIBUNAL ORDER. THE MISTAKE AS PER THE REVE NUE IS THIS THAT IT WAS AGUED BY THE LD. D.R. IN THE COURSE OF HEARING OF T HIS APPEAL THAT IF DEDUCTION IS ALLOWED TO THE ASSESSEE U/S 80-IB IN R ESPECT OF DISALLOWANCE MADE U/S 40(A)(IA) OF THE ACT, IT WOULD RESULT INTO ALLOWANCE OF DOUBLE DEDUCTION BECAUSE IN THE NEXT YEAR AGAIN, THE ASSES SEE WILL GET DEDUCTION ON THE PAYMENT OF TDS. IT IS THE CLAIM OF THE REVE NUE THAT THIS IS AN APPARENT MISTAKE IN THE TRIBUNAL ORDER, WHICH SHOUL D BE RECTIFIED. 2. IN THE COURSE OF HEARING BEFORE US, LD. D.R. REI TERATED THE SAME ARGUMENTS WHEREAS, IT IS SUBMITTED BY THE LD. A.R. THAT THERE IS NO MISTAKE IN THE TRIBUNAL ORDER. M.A.NO. 198 /AHD/2012 2 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE DO NOT FIND ANY MERIT IN THIS MISCELLANEOUS APPLICATION AND THE SUB MISSIONS OF THE LD. D.R. IN THIS REGARD. THIS IS A SETTLED POSITION OF LAW THAT IF THE BUSINESS INCOME INCREASES BECAUSE OF CERTAIN DISALLOWANCES, THEN DEDUCTION U/S 80- IB HAS TO BE COMPUTED ON THE BASIS OF SUCH INCREASE D BUSINESS INCOME AS PER THE ASSESSMENT ORDER. IN THE NEXT YEAR, WHEN T HE ASSESSEE DEPOSITS THE AMOUNT OF TDS, IT WILL GET DEDUCTION U/S 40(A)(IA) IN THAT YEAR BUT AS A RESULT, THE BUSINESS INCOME OF THAT YEAR WILL GO DO WN AND THE ASSESSEE IS ELIGIBLE FOR DEDUCTION U/S 80-IB IN THAT YEAR ON TH E REDUCED AMOUNT OF BUSINESS INCOME AND HENCE, THERE IS NO CASE OF ALLO WING DOUBLE DEDUCTION IN THE FACTS OF THE PRESENT CASE. THEREFORE, THERE IS NO MERIT IN THE SUBMISSION OF THE REVENUE IN THIS MISCELLANEOUS APP LICATION. WE HOLD ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE STANDS DISMISSED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (G. C. GUPTA) (A. K. GARODIA) VICE PRESIDENT ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD M.A.NO. 198 /AHD/2012 3 1. DATE OF DICTATION 10/12/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 11/12/2012.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 07/12/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.13/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13/1 2/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .