ASST CIT 14(1), V. DEVANI TEXTILES,

MA 641/MUM/2010

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0619 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-07-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 28-10-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KAMLESH N DOSHI
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO. 641/MUM/2010 ARISING OUT OF ITA NO.2616/MUM/2008 ASSESSMENT YEAR : 2003-04 ASTT. COMMISSIONER OF INCOME TAX-14(1) MUMBAI. VS. M/S. DEVANI TEXTILES 351/352, SHEIKH MEMON ST. 2 ND FLOOR, NEW MARKET MUMBAI-2 PAN NO.AAAFD 2703 K ( APPLICANT ) (RESPONDENT) ASSESSEE BY : SHRI MOHIT JAIN REVENUE BY : SHRI KAMLESH N. DOSHI DATE OF HEARING : 19/07/2013 DATE OF PRONOUNCEMENT : 19 /07/2013 O R D E R PER B. RAMAKOTAIAH, AM: IN THIS CASE REVENUE HAS FILED MISCELLANEOUS APPLI CATION SEEKING MODIFICATION OF THE ORDER IN ITA NO.2616/MUM/08 DAT ED 30.9.2009. THE ITAT IN THE ABOVE ORDER RESTORED THE ISSUE OF DEDUC TION UNDER SECTION 80HHC TO THE FILE OF AO WITH DIRECTION TO RECONSIDE R THE MATTER IN LINE WITH THE VIEW EXPRESSED BY ITAT SPECIAL BENCH DECISION IN THE CASE OF TOPMAN EXPORTS . 2. THE REVENUE PREFERRED THE PRESENT MISCELLANEOUS APPLICATION AS THE SAID DECISION OF THE SPECIAL BENCH WAS REVERSED BY THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. KALPATARU COLOURS AND CHEMICALS LTD. MA NO.641//M/10 A/O/O ITA NO.2616/M/08 A.Y.03-04 DEVANI TEXTILES 2 3. AT PRESENT BOTH COUNSELS AGREED THAT THE ORDER O F THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. KALPATARU COLOURS AND CHEMICALS LTD. WAS REVERSED BY THE HON'BLE SUPREME COURT IN THE CASE OF TOPMAN EXPORTS REPORTED IN 18 TAXMANN.CO 120(SC) , THEREBY THE OPINION EXPRESSED THE SPECIAL BENCH WAS ULTIMATELY UPHELD. IN VIEW OF THIS, THERE IS NO NEED TO MODIFY THE DIRECTIONS GIVEN TO THE AO . HOWEVER, FOR THE SAKE OF RECORD PARA-4 OF THE ORDER SHOULD BE MODIFIED AS DECIDED BY THE BENCH IN MA NO.642/MUM/10 DATED 01/04/2011 ON SIMILAR APP LICATION MADE BY THE REVENUE FOR ASSESSMENT YEAR 2004-05, BEING C OMMON ORDER. IT WAS MODIFIED IN THAT ORDER AS UNDER :- 4. THIS ISSUE HAS TO BE DECIDED IN THE LIGHT OF TH E DECISION OF THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF KALPAT ARU COLOURS AND CHEMICALS (232 CTR 313/328 ITR 451) OR ANY OTHE R DECISION OF THE SUPERIOR COURT ON THIS ISSUE. ACCORDINGLY, WE R ESTORE THIS ISSUE TO THE FILE OF AO TO DECIDE THE SAME AFRESH AFTER GIVI NG DUE OPPORTUNITY TO THE ASSESSEE. 3.1 ACCORDINGLY, PARA-4 OF THE ORDER STANDS MODIFIE D SO THAT AO IS FREE TO DECIDE THE ISSUE IN TUNE WITH THE DECISION OF TH E HON'BLE SUPREME COURT. 4. MISCELLANEOUS APPLICATION IS CONSIDERED ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JULY, 2013. SD/- SD/- (R.K. GUPTA ) JUDICIAL MEMBER (B. RAMAKOTAIAH ) ACCOUNTANT MEMBER MUMBAI, DATED: 19 /07/2013. JV. MA NO.641//M/10 A/O/O ITA NO.2616/M/08 A.Y.03-04 DEVANI TEXTILES 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.