Electronic Instrumentation & Control Private Limited, Ahmedabad V. The Income Tax Officer, Ward-4(1), Ahmedabad

MA 300/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4683 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 30-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT ME MBER M/S. ELECTRONIC INSTRUMENTATION & CONTROL PVT. LTD. 56, PANCHARATAN INDUSTRIAL ESTATE, SARKHEJ BAVLA ROAD, CHANGODAR AHMEDABAD- 382213 PAN: AAA CE4 798 G (APPELLANT) VS ITO, WARD 4(1), AHMEDABAD (RESPONDENT) REVENUE BY: SHRI MANISH SHAH, AR ASSESSEE BY: SHRI UMASHANKAR PRASAD, SR. DR DATE OF HEARING : 01-02-2019 DATE OF PRONOUNCEMENT : 15-03-2019 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THE ASSESSEE HAS FILED TWO MISCELLANEOUS PETITIONS ON 01.06.2017 AGAINST THE DECISION OF ITAT IN ITS CASE VIDE ITA NOS. 3055 & 3056/AHD/2013 ON 20.04.2017 VIDE THE AFORESAID MISCELLANEOUS PETITIO NS THE ASSESSEE HAS STATED THAT ITAT WHILE ADJUDICATING THE GROUND NO. 3 OF THE APP EAL PERTAINING TO GRANTING DEDUCTION U/S. 80IB IN RESPECT OF SUPERVISION INCOM E HAS NOT CONSIDERED THE M.A. NOS. 300-301/AHD/2017 (IN ITA NOS. 3055-3056/AHD/2013) ASSESSMENT YEARS: 2009-10 & 2010-11 M.A.NOS.300-301/AHD/2017A.YS.2009-10&2010-11 PAGE NO ELECTRONIC INSTRUMENTATIONS VS. ITO 2 JUDGMENT OF THE HONBLE GUJARAT HIGH COURT IN THE C ASE OF MILES INDIA LTD. IN TAX APPEAL NO. 27 OF 2003 DATED 23.12.2014. 2. WE HAVE HEARD THE RIVAL CONTENTION AND PERUSED T HE MATERIAL ON RECORD. WITH THE ASSISTANCE OF LD. REPRESENTATIVES WE HAVE GONE THROUGH THE MATERIAL ON RECORD AND OBSERVE THAT THE IMPUGNED ISSUE PERTAINI NG TO GRANTING OF DIRECTION U/S. 80IB IN RESPECT OF SUPERVISION INCOME IS REQUIRED T O BE ADJUDICATED AFTER TAKING INTO CONSIDERATION THE FACT OF THE CASE AND THE JUD GMENT OF THE HONBLE GUJARAT HIGH COURT AS CITED. 3. IN THE LIGHT OF THE ABOVE FACT THE MISCELLANEOU S APPEAL IS ALLOWED TO THE LIMITED EXTENT OF RE-ADJUDICATING THE GROUND NO. 3 OF THE ASSESSEE VIDE ITA NO. 3055/AHD/2013. 4. ACCORDINGLY, THE REGISTRY IS DIRECTED TO FIX THE CASE FOR DECIDING THE AFORESAID GROUND NO. 3 IN THE ORIGINAL APPEAL VIDE ITA NO. 3055/AHD/2013 AND 3056/AHD/2013 IN DUE COURSE. 5. THEREFORE, BOTH THE MISCELLANEOUS APPLICATIONS O F THE ASSESSEE ARE ALLOWED SUBJECT TO THE TERMS AND CONDITION AS CITED ABOVE. 6. IN THE RESULT, BOTH MISCELLANEOUS APPLICATIONS O F THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15-03-2 019 SD/- SD/- (RAJPAL YADAV) (AMARJIT SINGH) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD : DATED 15/03/2019 TANMAY TRUE COPY / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE M.A.NOS.300-301/AHD/2017A.YS.2009-10&2010-11 PAGE NO ELECTRONIC INSTRUMENTATIONS VS. ITO 3 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / !' , #$