ACIT, C-4(1), Chandigarh V. Jasco Paper Products, Chandigarh

MA 238/CHANDI/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6540 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-02-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 11-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KHURANA CA
• Assessee Lawyers: CHANDRA KANTA
• Section: 80IC

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A CHANDIGARH , !' # $ % &' , '( BEFORE: SH. SANJAY GARG, JUDICIAL MEMBER & SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER M.A. NO. 238/CHD/2018 IN ./ ITA NO.180/CHD/2018 / ASSESSMENT YEAR : 2014-15 THE ACIT, CIRCLE 4(1), CHANDIGARH. M/S JASCO PAPER PRODUCTS, H.NO. 2541, IST FLOOR, SECTOR 35-C, CHANDIGARH. ./ PAN NO: AAGFJ3979F / APPELLANT / RESPONDENT ! ' / ASSESSEE BY : SMT. CHANDRAKANTA, SR.DR # ! ' / REVENUE BY : SHRI RAHUL KHURANA, CA $ % ! &/ DATE OF HEARING : 22.02.2019 '()* ! &/ DATE OF PRONOUNCEMENT : 22.02.2019 ')/ ORDER PER SANJAY GARG, JUDICIAL MEMBER : THE PRESENT MISC. APPLICATION ARISING OUT OF ITA NO.180/CH D/2018 HAS BEEN FILED BY THE DEPARTMENT PLEADING THAT A MISTAKE APPARENT ON RECORD HAS OCCURRED IN THE ORDER DATED 17.05.2018 PASSED BY THIS TRIBUNAL. 2. IT HAS BEEN PLEADED THAT THE TRIBUNAL, IN THIS CASE WH ILE ALLOWING THE APPEAL OF THE ASSESSEE VIDE ORDER DATED 17.05.2018 HAS FO LLOWED THE DECISION OF THE HON'BLE HIMACHAL PRADESH HIGH COURT IN THE CASE OF M/S STOVEKRAFT INDIA VS CIT ITA NO. 20 OF 2015 DATED 28.11.2 017 AND DIRECTED THE AO TO GRANT THE ASSESSEE DEDUCTION U/S 80IC OF TH E INCOME TAX ACT,1961 @ 100% OF ITS ELIGIBLE PROFITS AS PER THE DECISION OF THE HON'BLE HIMACHAL PRADESH HIGH COURT (SUPRA). IT HAS BEEN FURTHER PLEADED THAT THE DECISION OF THE HON'BLE H.P. HIGH COURT IN THE CASE OF M/S STOVEKRAFT INDIA M.A.238/CHD/2018 IN ITA -180/CHD/2018 PAGE 2 OF 2 (SUPRA) HAS BEEN REVERSED BY THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF M/S CIT VS M/S CLASSIC BINDING INDUSTRIES ( I TA NO. 7208 & OTHERS DATED 20.08.2018. HENCE THE PRESENT MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER OF THE TRIBUNAL IN THE LIGHT OF THE DEC ISION OF THE HON'BLE SUPREME COURT IN THE CASE OF M/S CLASSIC BINDING INDUSTRIES (SUPRA). 3. WE HAVE HEARD THE LD. REPRESENTATIVES OF THE PARTIES . THE LD. DR HAS FAIRLY ADMITTED THAT THE ORDER OF THE HON'BLE SUPREME CO URT IN M/S CLASSIC BINDING INDUSTRIES (SUPRA) HAS BEEN RECALLED IN A REVIEW PE TITION FILED BY THE PETITIONERS AND PROPOSITION OF LAW LAID DOWN BY THE HO N'BLE H.P. HIGH COURT IN THE CASE OF M/S STOVEKRAFT INDIA VS CIT (SUPRA ) HAS BEEN RE- AFFIRMED BY THE HON'BLE SUPREME COURT IN THE GROUP OF CA SES WITH THE LEAD CASE IN PR. CIT VS M/S AARHAM SOFTRONICS VIDE ORDER DATED 20.02.2019. IN VIEW OF THIS, THERE REMAINS NO ERROR IN THE ORDER OF THE TRIBUNAL WHILE FOLLOWING THE DECISION OF THE HON'BLE HIMACHAL PRADESH HIGH CO URT IN THE CASE OF M/S STOVEKRAFT INDIA VS CIT (SUPRA). HENCE, THERE IS NO MERIT IN THE PRESENT MISCELLANEOUS APPLICATION OF THE REVENUE AND THE SAME IS, ACCORDINGLY, DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE R EVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.02.2019. SD/- SD/- ( # $ % &' ) ( ) (ANNAPURNA GUPTA) (SANJAY GARG ) '( / ACCOUNTANT MEMBER / JUDICIAL MEMBER POONAM (+ ! ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ / / CIT 4. $ / ( )/ THE CIT(A) 5. -01 2 , & 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7% / GUARD FILE (+ $ / BY ORDER, 8 # / ASSISTANT REGISTRAR