ITO, Ludhiana V. M/s Cotton Care Exports Pvt. Ltd., Ludhiana

MA 25/CHANDI/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7981 (ITAT-CHANDIGARH)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 13-04-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 08-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K SAINI
• Assessee Lawyers: VI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE MS SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER M.A. NO.25 /CHD/2011 (IN ITA NO.53/CHD/2010) (ASSESSMENT YEAR: 2004-05) THE INCOME TAX OFFICER-III(2), VS. M/S COTTON CARE EXPORTS PVT. LTD., LUDHIANA. MODGILL BUILDING, 2, BAL SINGH NAGAR, RAHON ROAD, LUDHIANA. PAN: AABCC4099H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N.K.SAINI, DR RESPONDENT BY : SHRI VIPAN AGGARWAL DATE OF HEARING : 13.04.2012 DATE OF PRONOUNCEMENT : 09.05.2012 ORDER PER SUSHMA CHOWLA, JM THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D THE APPLICANT- REVENUE AGAINST THE ORDER OF THE TRIBUNA L DATED 11.3.2010 IN ITA NO.53/CHD/2010 RELATING TO THE ASSESSMENT YEAR 2004-05. 2. THE APPLICANT-REVENUE IS AGGRIEVED BY THE DIRECT IONS OF THE TRIBUNAL TO APPLY THE RATIO LAID DOWN BY THE SPECIA L BENCH OF THE I.T.A.T., MUMBAI IN THE CASE OF M/S TOPMAN EXPORTS VS. ITO (I.T.A.NO. 5769/MUM/2006), IN VIEW OF THE ORDER OF THE HON'BLE BOMBAY HIGH COURT IN CIT V. KALAPATARU COLOURS AND CHEMICALS [3 28 ITR 451(BOM)] WHICH HAS REVERSED THE DECISION IN M/S TOPMAN EXPOR TS VS. ITO (SUPRA). 3. THE LEARNED D.R. FOR THE REVENUE FAIRLY ADMITTED THAT NOW THE ISSUE STANDS SETTLED BY THE ORDER OF THE HON'BLE SU PREME COURT IN M/S 2 TOPMAN EXPORTS [342 ITR 49 (SC)], UNDER WHICH THE O RDER OF THE SPECIAL BENCH OF THE TRIBUNAL HAS BEEN UPHELD. 4. WE FIND NO MERIT IN THE PRESENT MISCELLANEOUS AP PLICATION FILED BY THE APPLICANT-REVENUE IN VIEW OF THE ISSUE BEING SE TTLED BY THE HON'BLE SUPREME COURT IN M/S TOPMAN EXPORTS (SUPRA). 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 9 TH DAY OF MAY, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH MAY, 2012 RATI COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH