DCIT, C-1(1), Chandigarh V. M/s Quixotic Healthcare, Chandigarh

MA 25/CHANDI/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5492 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 07-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDER KANTA
• Assessee Lawyers: PARIKSHIT AGGA RWALCA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH SMC CHANDIGARH !', # BEFORE: SMT. DIVA SINGH, JM M.A. NO. 25/CHD/2019 IN ./ ITA NO. 421/CHD/2018 / ASSESSMENT YEAR : 2014-15 THE JCIT, CIRCLE 1(1), CHANDIGARH. VS M/S QUIXOTIC HEALTHCARE, PLOT NO. 784, INDUSTRIAL AREA-II, CHANDIGARH. ./ PAN NO. : AAAFQ1947N / APPELLANT / RESPONDENT ! / REVENUE BY : SMT. CHANDERKANTA, SR.DR '# ! / ASSESSEE BY : SHRI PARIKSHIT AGGARWAL, CA $ % #& / DATE OF HEARING : 03.05.2019 '()* #& / DATE OF PRONOUNCEMENT : 28.05.2019 $%/ ORDER BY THE PRESENT MISCELLANEOUS APPLICATION U/S 254(2) OF THE INCOME TAX ACT,1961 THE REVENUE PRAYS FOR RECALL OF THE ORDER DATED 29.06.2018 IN ITA 421/CHD/2018. THE PRAYER IS MADE STATING THAT THE DEDUCTION CLAIMED U/S 80IC IN THE EIGHTH YEAR WAS ALLOWED FOLLOWING THE D ECISION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S STOVE CRAFT INDIA VE RSUS CIT-V AND OTHERS IN ITA 20 TO 24/2015. RELYING UPON THE DECISION OF THE APEX COURT IN THE CASE OF CIT VS M/S CLASSIC BINDING INDUSTRIES & ORS. IN CIV IL APPEAL NO. 7208 AND OTHERS OF 2018 DATED 20.08.2018 IT HAS BEEN REQUEST ED THAT THE ORDER MAY BE RECALLED AS THE SAID DECISION WAS NOT UPHELD BY THE APEX COURT. 2. THE LD. AR RELYING ON LATEST DECISION OF THE APE X COURT IN THE CASE OF PCIT SHIMLA VS M/S AARHAM SOFTRONICS & OTHERS IN CI VIL APPEAL NO. 1784 OF 2019 DATED 20.02.2019 SUBMITTED THAT THERE IS NO ER ROR IN THE ORDER AND THE MISCELLANEOUS APPLICATION DESERVES TO BE DISMISSED AS THE DECISION RENDERED IN M.A. 25/CHD/2019 IN ITA421/CHD/2018 PAGE 2 OF 2 CIT VS M/S CLASSIC BINDING INDUSTRIES & ORS (SUPRA) HAS BEEN CORRECTED IN THE LATEST DECISION. THE POSITION OF LAW WAS NOT DI SPUTED BY THE LD. SR.DR. 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE MATERIAL AVAILABLE ON RECORD. THE POSITION OF LAW, NO DOUBT UNDERWENT A CHANGE BY VIRTUE OF THE DECISION OF THE APEX COURT IN THE CASE OF CIT VS CL ASSIC BINDING INDUSTRIES (2018) 96 TAXMANN.COM 405 (S.C) HOWEVER, THE ISSUE WAS AGAIN SUBSEQUENTLY REVIEWED BY THE APEX COURT IN THE CASE OF CIT VS M/ S AARHAM SOFTRONICS VIDE THE DECISION DATED 20.02.2019. ACCORDINGLY, CONSIDE RING THE POSITION OF LAW AND FACTS AS THEY STAND, I FIND NO GOOD REASON TO R ECALL THE ORDER DATED 29.08.2018 IN ITA 421/CHD/2018. ACCORDINGLY, THE M ISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. SAID ORDER WAS COURT AT THE TIME OF HEARING ITSELF. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH MAY,2019. ( !' ) (DIVA SINGH) # / JUDICIAL MEMBER ' ( (+ #,- .-# / 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