GE Converteam EDC Private Limited, CHENNAI V. ACIT, CHENNAI

MA 223/CHNY/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6836 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 28-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AR V SREENIVASANJCITD R

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI S.JAYARAMAN , ACCOUNTANT MEMBER M.P. NO.223/CHNY/2017 ( I.T.A.NO.973/CHNY/2014 ASSESSMENT YEAR : 2009-10) M/S.GE POWER CONVERSION INDIA PVT LTD., (FORMERLY KNOWN AS GE CONVERTEAM EDC PVT LTD.,) 29(SP) 2 ND FLOOR, RAMNATH TOWERS, EKKADUTHANGAL, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI 600 032. VS. ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE 1(3), CHENNAI -34. [PAN AADCC 1026 E ] ( / APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR.SRIRAM SESHADRI, /RESPONDENT BY : MR.AR.V.SREENIVASAN,JCIT,D.R ! / DATE OF HEARING : 06 - 0 7 - 201 8 '#$% ! / DATE OF PRONOUNCEMENT : 06 - 0 7 - 201 8 !' / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER MP NO.223/CHNY/2017 IS A MISCELLANEOUS PETITION FIL ED BY THE ASSESSEE AGAINST THE ORDER OF THE TRIBUNAL I N ITA NO.973/CHNY/2014 DATED 25.01.2017. MP NO.223/CHNY/2017 :- 2 -: 2. MR.SRIRAM SESHADRI REPRESENTED ON BEHALF OF THE ASSESSEE AND MR.AR.V.SREENIVASAN REPRESENTED ON BEHALF OF THE REVENUE. 3. IT WAS SUBMITTED BY LD.A.R THAT THE TRIBUNAL HA S NOT ADJUDICATED THE ISSUE OF DEDUCTION U/S.10B OF THE A CT RAISED IN GROUND NOS.2 & 3 OF ASSESSEES APPEAL. IT WAS A SUBMISSIO N THAT EVEN THOUGH SUBMISSION HAD BEEN PLACED, NO FINDING HAS BEEN GIV EN. IT WAS ARGUED BY LD.A.R THAT THE ISSUE WAS SQUARELY COVERED BY T HE DECISION OF CO- ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEE'S OWN C ASE FOR IMMEDIATELY PRECEDING ASSESSMENT YEAR IN ITA NO.1237/MDS./2013 DATED 27.08.2013 WHEREIN IN PARGRAPH-7, THE ISSUE HAD BEE N RESTORED TO THE FILE OF LD. ASSESSING OFFICER FOR RE-ADJUDICATION. 4. IN REPLY, LD.D.R OPPOSED THE SUBMISSIONS OF THE ASSESSEE IN ITS MISCELLANEOUS PETITION. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE H AVE PERUSED THE MATERIAL ON RECORD, AS ALSO THE FILE IN RESPECT OF THE APPEAL CITED SUPRA. A PERUSAL OF THE GROUNDS OF APPEAL FILED BY THE ASSESSEE IN ITA NO.973/CHNY/2014 SHOWS THAT THERE IS A NOTING IN THE GROUNDS OF APPEAL THAT CERTIFICATE HAS BEEN FILED ONLY BEFORE THE DRP, AND MP NO.223/CHNY/2017 :- 3 -: CONSEQUENTLY THE ISSUE WAS LIABLE TO BE RESTORED TO THE FILE OF LD. ASSESSING OFFICER FOR RE-ADJUDICATION. A PERUSAL O F THE ORDER OF TRIBUNAL ALSO SHOWS THAT THE ISSUE HAS NOT BEEN ADJ UDICATED BY CO-ORDINATE BENCH OF THIS TRIBUNAL. CONSEQUENTLY, AS IT IS NOTICED THAT THERE IS AN ERROR IN THE ORDER OF TRIBUNAL, THE ORD ER OF TRIBUNAL IS MODIFIED TO INCLUDE THE DEDUCTION IN RESPECT OF THE GROUND NOS.2 & 3 OF THE ASSESSEES APPEAL IN RESPECT OF DENIAL OF DE DUCTION U/S.10B OF THE ACT. IT IS NOTICED THAT THE ISSUE HAS ALREADY B EEN ADJUDICATED BY THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEE' S OWN CASE FOR ASSESSMENT YEAR 2008-09 BEING THE IMMEDIATELY PRECE DING ASSESSMENT YEAR, WHEREIN THE CO-ORDINATE BENCH OF THIS TRIBUNA L HAS IN PARA-9 HELD AS FOLLOWS:- 9. WE HAVE HEARD BOTH SIDES, PERUSED THE MATERIAL ON RECORD AND HAVE ALSO GONE THROUGH THE ORDERS OF AUTHORITIES BE LOW. IN FIRST APPEAL BEFORE THE LD.CIT(A), THE ASSESSEE HAD RAISE D AN ALTERNATIVE GROUND FOR DEDUCTION U/S.10A, WHICH WAS NOT ADJUDICATED BY HIM. IN VIEW OF THE DECISION OF THE HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS. VALIANT COMMUNICA TIONS LTD., (IN ITA NOS.200/2010, 438 TO 441 /2012 VIDE ORDER DATED 04.01.2013), WE SET ASIDE THE ORDER PASSED BY THE L D.CIT(A) AND REMIT THE MATTER BACK TO HIM TO CONSIDER THE CLAIM OF THE ASSESSEE U/S.10A OF THE ACT. WE ALSO DIRECT THE LD.CIT(A) T O CONSIDER ALL OTHER CONSEQUENTIAL ISSUES AFTER CONSIDERING GRANT OF DEDUCTION U/S.10A OF THE ACT. MP NO.223/CHNY/2017 :- 4 -: IN THESE CIRCUMSTANCES, RESPECTFULLY FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEE'S OW N CASE, THIS ISSUE IS RESTORED TO THE FILE OF LD. ASSESSING OFFICER WITH IDENTICAL FINDINGS. 6. IN THE RESULT, MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 06 TH JULY, 2018, AT CHENNAI. SD/ - SD/ - ( ) (S. JAYARAMAN) # !$ /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) % !$ / JUDICIAL MEMBER & / CHENNAI ' / DATED: 06 TH JULY, 2018. K S SUNDARAM ( ) *+ , +$ / COPY TO: 1 . / APPELLANT 3. ( ( - () / CIT(A) 5. +01 23 / DR 2. / RESPONDENT 4. ( ( - / CIT 6. 145 6 / GF