Dollar Apparels, Tiruppur V. DCIT, Tiruppur

MA 66/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4461 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: A
• Next Hearing Date: 10-06-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 19-04-2016
• Court: TRIBUNAL
• Department Lawyers: SULLOCHANA
• Assessee Lawyers: MR T BANUSEKARC A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI , ! ' . #$ % &' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER M.P.NOS.66 & 67/MDS./2016 (I.T.A.NOS.104 & 105 /MDS./2016 ASSESSMENT YEARS :2011-12 & 2012-13) M/S.DOLLAR APPARELS , 13,SIXTY FEET ROAD, KUMARANDAPURAM, TIRUPUR 641 602. VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, TIRUPUR. PAN AABFD 8592 K ( () / APPELLANT ) ( *+() / RESPONDENT ) / APPELLANT BY : MR. MR.T.BANUSEKAR,C.A /RESPONDENT BY : MR.SULLOCHANA, JCIT, DR / DATE OF HEARING : 10 - 06 - 201 6 / DATE OF PRONOUNCEMENT : 06 - 07 - 2016 , / O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER BY THESE TWO MISCELLANEOUS PETITIONS, THE ASSESSE E SEEKS RECTIFICATION OF THE ORDER OF THE TRIBUNAL IN ITA N OS.104 & 105/MDS./2016 DATED 18.03.2016 FOR THE ASSESSMENT Y EARS 2011-12 & 2012-13. MA NO.66,67/MDS./1615 :- 2 -: 2. ACCORDING TO LD.A.R, THE REVENUE HAS RAISED TW O GROUNDS; ONE IS WITH REGARD TO DELETION OF ADDITION MADE ON ACCO UNT DISALLOWANCE US.80IA AMOUNTING TO RS.5,85,03,114 (A.Y.2011-12) A ND `5,55,33,788/- (A.Y 2012-13) RESPECTIVELY AND ANOTH ER GROUND IS WITH REGARD TO TREATMENT OF INTEREST INCOME WHICH WAS TR EATED AS INCOME FROM OTHER SOURCES. ACCORDING TO LD.A.R, THE TRIBUN AL HAS NOT ADJUDICATED THE GROUND TREATING TO DEDUCTION U/S.80 -IA OF THE ACT IN BOTH THE ASSESSMENT YEARS, THOUGH THAT INCOME IS RE LATING TO WINDMILL DIVISION. ACCORDING TO LD.A.R, THE ASSESSEE IS ENT ITLED FOR DEDUCTION U/S.80-IA OF THE ACT IN RESPECT OF INCOME FROM WIND MILL DIVISION, THOUGH THE GARMENT DIVISION INCURRED LOSS. HOWEVER , THE TRIBUNAL HAS NOT GIVEN ANY FINDINGS ON THIS GROUND. 3. THE LD.D.R SUBMITTED THAT THE GROUND RELATING T O THE TREATMENT OF INTEREST INCOME WAS NOT AT ALL PRESSED BY THE AS SESSEE BEFORE THE LD.CIT(A) AND THAT GROUND IS NOT NECESSARY FOR ADJU DICATION. HOWEVER, THE TRIBUNAL HAS NOT ADJUDICATED THE GROUND RELATIN G TO THE ALLOWABILITY OF DEDUCTION U/S.80-IA OF THE ACT IN RESPECT OF INC OME FROM WIND MILL DIVISION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. ADMITTEDLY, THE REVENUE HAS RAISED TWO GRO UNDS; ONE IS WITH REGARD TO ALLOWABILITY OF DEDUCTION U/S.80-IA OF TH E ACT IN RESPECT OF INCOME FROM WIND MILL DIVISION AND ANOTHER GROUND I S WITH REGARD TO MA NO.66,67/MDS./1615 :- 3 -: TREATMENT OF INTEREST INCOME FOR THE PURPOSE OF DED UCTION U/S.80-IA OF THE ACT. INADVERTENTLY, THE TRIBUNAL IS NOT AT ALL ADJUDICATED THIS GROUND RELATING TO THE ALLOWABILITY OF DEDUCTION U/ S.80-IA OF THE ACT IN RESPECT OF INCOME FROM WIND MILL DIVISION. BEING S O, IT IS APPROPRIATE TO REPOST THE CASE FOR HEARING WITH RESPECT TO ADJUDIC ATION OF GROUND RELATING TO THE ALLOWABILITY OF DEDUCTION U/S.80-I A OF THE ACT IN RESPECT OF INCOME FROM WIND MILL DIVISION. FOR THIS PURPOS E ONLY, WE RECALL THE EARLIER ORDER OF THE TRIBUNAL FOR ADJUDICATING THE GROUND RELATING TO DEDUCTION U/S.80-IA OF THE ACT IN RESPECT OF INCOME FROM WIND MILL DIVISION 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS F ILED BY THE ASSESSEE ARE PARTLY ALLOWED. ORDER PRONOUNCED ON 06 TH JULY, 2016, AT CHENNAI. SD/ - SD/ - . ! '# $ ( DUVVURU RL REDDY ) ) % / JUDICIAL MEMBER ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER %& / CHENNAI '() / DATED: 06 TH JULY, 2016 K S SUNDARAM (*++,-.+/. / COPY TO: + 1 . / APPELLANT 3. + 0+$ / CIT(A) 5. .12+,,3 / DR 2. / RESPONDENT 4. + 0 / CIT 6. 2#4+5 / GF