Shelly Bansal, Chandigarh V. ACIT, C-5(1), Chandigarh

MA 48/CHANDI/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4071 (ITAT-CHANDIGARH)
• Duration Of Justice: 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 28-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH SR DR
• Assessee Lawyers: PARVEEN KAPOOR
• Section: 80IC

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH , . '.., # $, %& BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER M.A. NO. 48/CHD/2019 ( IN ./ ITA NO. 861/CHD/2018) / ASSESSMENT YEAR : 2014-15 SHELLY BANSAL, H. NO. 1376, SECTOR 40-B, CHANDIGARH THE ACIT, C-5(1), CHANDIGARH ./PAN NO: AENPB4396P / APPELLANT /RESPONDENT ! ' /ASSESSEE BY : SH. PARVEEN KAPOOR, CA # ! ' / REVENUE BY : SH. MANJIT SINGH, SR.DR $ % ! & /DATE OF HEARING : 11.03. 2019 '()* ! & / DATE OF PRONOUNCEMENT : 11.03.2019 %'/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT MISC. APPLICATION DATED 27.2.2019 ARISI NG OUT OF ITA NO. 861/CHD/2018 HAS BEEN MOVED BY THE ASSESSEE PLE ADING THEREIN FOR RECALLING THE ORDER DATED 05.11.2018 OF THE TRIBUNA L. 2. IT WAS POINTED OUT THAT THE IMPUGNED APPEAL RELA TING TO ALLOWANCE OF DEDUCTION U/S 80IC OF THE INCOME TAX ACT, 1961(HERE INAFTER REFERRED TO AS 'ACT') @ 100% OF THE ELIGIBLE PROFITS, ON SUBSTANTI AL EXPANSION UNDERTAKEN BY THE ASSESSEE. THAT EARLIER THE ITAT HAD ALLOWED THE APPEAL OF THE REVENUE FOLLOWING THE DECISION OF THE COORDINATE BE NCH IN THE CASE OF HYCRON ELECTRONICS VS ITO IN ITA NO.798/CHD/2012 HOLDING THAT THE M.A. NO.48-C-2019 IN ITA 861-C-18 SMT. SHELLY BANSAL, CHANDIGARH 2 ASSESSEE WAS NOT ENTITLED TO DEDUCTION @ 100% ON SU BSTANTIAL EXPANSION FOR ANOTHER FIVE YEARS, THE ASSESSEE HAVING ALREADY CLAIMED THE DEDUCTION @ 100% ON ESTABLISHMENT OF THE UNIT. IT IS FURTHER SUBMITTED THAT THE ISSUE NOW STANDS COVERED WITH THE RECENT JUDGMENT OF HON' BLE SUPREME COURT PASSED IN CASE OF PR CIT VS. AARHAM SOFTRONICS, W HEREIN, THE ORDER OF CIT(A) VS. CLASSIC BINDING INDUSTRIES IN CIVIL AP PEAL NO(S) 7208 OF 2018 DATED 20.08.2018 WAS REVERSED. IT WAS, THEREF ORE, PLEADED THAT THE ORDER DATED 5.11.2018 BE RECALLED. 3. THE LD. DR DID NOT CONTROVERT THE SAME. 4. WE HAVE GONE THROUGH THE ENTIRE FACTS OF THE CAS E. AT THE REQUEST OF BOTH THE COUNSELS WHO POINTED OUT THAT THE ISSUE IN THE IMPUGNED APPEALS IS COVERED BY THE DECISION OF THE HON'BLE APEX COURT I N THE CASE OF PR.CIT, SHIMLA VS. M/S AARHAM SOFTRONICS IN CIVIL APPEAL N O.1784 OF 2019, DATED 20.02.2019, AND CONSIDERING THE ENTIRETY OF FACTS I N THE PRESENT CASE, WE ARE OF THE VIEW, THAT A MISTAKE APPARENT ON RECORD HAS OCCURRED IN THE ORDER DATED 5.11.2018 OF THIS TRIBUNAL IN VIEW OF THE PR OPOSITION OF LAW FINALLY LAID BY THE HON'BLE SUPREME COURT IN THE CASE OF M/ S AARHAM SOFTRONICS, (SUPRA). HENCE, THIS IS A FIT CASE FOR RECALLING T HE ORDER FOR FRESH HEARING, WHICH WE HEREBY DO. 5. THE ORDER DATED 5.11.2018 IS ACCORDINGLY RECALLE D, THE APPEAL IS RESTORED AND POSTED FOR HEARING AFRESH TODAY I.E. 1 1.3.2019. M.A. NO.48-C-2019 IN ITA 861-C-18 SMT. SHELLY BANSAL, CHANDIGARH 3 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT IMMEDIATELY ON C OMPLETION OF HEARING. SD/- SD/- ( ' . . , # $ / B.R.R. KUMAR) %& / ACCOUNTANT MEMBER ( / SANJAY GARG ) / JUDICIAL MEMBER DATED : 11.03.2019 .. (, ! -. /. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ 0 / CIT 4. $ 0 ( )/ THE CIT(A) 5. .12 3 , & 3 , 45627 / DR, ITAT, CHANDIGARH 6. 26 8% / GUARD FILE (, $ / BY ORDER, 9 # / ASSISTANT REGISTRAR