E-Infochips Ltd., Ahmedabad V. The Addl. CIT, Range-4, Ahmedabad

MA 67/AHD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2456 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 05-09-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 02-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD .., , BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER MA NO.67/AHD/2014 - AY 2007-08 (IN CO NO.215/AHD/2012 AY 2007-08) E INFOCHIPS LTD. 11-A/B, CHANDRA COLONY CG ROAD NAVRANGPURA AHMEDABAD / VS. THE ADDL.CIT RANGE-4 AHMEDABAD ./ ./ PAN/GIR NO. : AACCS 1310 E ( APPLICANT ) .. ( !'# / RESPONDENT ) ASSESSEE B Y : MS. URVASHI SHODHAN, A.R. REVENUE B Y : SHRI V.K. SINGH, SR.D.R. $%&' / DATE OF HEARING : 05/09/2014 ()*+&' / DATE OF PRONOUNCEMENT : 15/10/2014 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E ASSESSEE ON 2.5.2014 (ARISING OUT OF ASSESSEES CO NO.215/AHD/2 012 FOR AY 2007- 08 IN ITA NO.2036/AHD/12-REVENUES APPEAL) PRAYING FOR MODIFYING THE ORDER DATED 31/12/2013 PASSED BY THE ITAT A BENCH , AHMEDABAD. 2. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT T HERE IS A MISTAKE APPARENT FROM THE TRIBUNAL ORDER DATED 31/12/2013 A ND SUBMITTED THAT THE CO OF THE ASSESSEE HAS BEEN DISMISSED WITHOUT ADJUD ICATING THE GROUNDS RAISED IN THE CROSS-OBJECTION. MA NO.67/AHD/2014 (IN CO NO.215/AHD/2012) E INFOCHIPS LTD. VS. ADDL.CIT ASST.YEAR 2007-08 - 2 - 2.1. ON THE CONTRARY, LD.SR.DR VEHEMENTLY OPPOSED T HE APPLICATION AND SUBMITTED THAT THERE IS NO MISTAKE IN THE ORDER DAT ED 31/12/2013 PASSED BY THE TRIBUNAL. 3. WE HAVE HEARD RIVAL SUBMISSIONS, PERUSED THE MAT ERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS IN ITS CROSS- OBJECTION:- 1(I) THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING THE DISALLOWANCE OF RS.1,72,312/- U/S.14A AT 4% OF RS.1 ,72,312/- U/S.14A AT 4% OF RS.28,46,612 + RS.14,61,182/- DISR EGARDING FACTS AND SUBMISSIONS OF THE RESPONDENTS AS AGAINST THE DISALLOWANCE OF RS.12,15,573/- U/S.14A MADE BY THE AO COMPUTING THE SAME UNDER RULE 8D. (II) THE RESPONDENTS SUBMIT THAT ON THE FACTS AND L AW, THERE IS NO QUESTION OF ANY DISALLOWANCE U/S.14A AND HENCE THE DISALLOWANCE OF RS.1,72,312/- BE DELETED. 2(I) THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN REVISING THE CLAIM U/S.10B ON THE BASIS OF TURNOVER VIDE PARA 2.4 AND PARA 2.5 AND 2.6 OF THE APPEAL ORDER AS AGAINST THE DISALLOWANCE OF RS.83,22,258/- MADE BY AO WITHOUT APPRECIATING THE FACTS AND SUBMISSIONS OF THE RESPONDENTS. (II) THE RESPONDENTS SUBMIT THAT THE CLAIM U/S.10B OF THE RESPONDENTS FOR DEDUCTION OF RS.4,97,73,807/- BE AC CEPTED AS AGAINST THE REVISED AMOUNT OF DEDUCTION U/S.10B ON THE BASIS OF TURNOVER VIDE PARA 2.4 AND PARA2.5 AND PARA 2.6 OF THE APPEAL ORDER. 3. THE LEARNED CIT(A) HAS ERRED IN CONSIDERING THE CHARGING OF INTEREST 234-B AS CONSEQUENTIAL IN NATURE AND DISMI SSING THIS GROUND OF THE APPEAL THOUGH THE INTEREST CHARGED U/ S.234-B WAS NOT ACCORDING TO LAW. MA NO.67/AHD/2014 (IN CO NO.215/AHD/2012) E INFOCHIPS LTD. VS. ADDL.CIT ASST.YEAR 2007-08 - 3 - 3.1. HOWEVER, THIS TRIBUNAL WITHOUT ADJUDICATING GR OUND NOS.(1) TO (3) HAS OBSERVED THAT A VIEW IN THE REVENUES APPEAL (I TA NO.2036/AHD/2012) THAT THE ACTION OF THE LD.CIT(A) WAS JUSTIFIED, HENCE THE CROSS OBJECTION FILED BY THE ASSESSEE WAS REJE CTED. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE MATERIAL ON RECORD, WE ARE OF THE CONSIDERED VIEW THAT INADV ERTENTLY GROUNDS RAISED IN THE CROSS OBJECTION HAVE NOT BEEN ADJUDIC ATED, THEREFORE WE HEREBY RECALL OUR ORDER DATED 31/12/2013 PASSED IN CO NO.215/AHD/2012 FOR AY 2007-08 (ARISING OUT OF ITA NO.2036/AHD/2012 ) AND DIRECT THE REGISTRY TO FIX THE ASSESSEES CROSS OBJECTION NO.2 15/AHD/2012(SUPRA) FOR HEARING AFRESH IN DUE COURSE. ACCORDINGLY, NO TICE BE ISSUED TO BOTH THE PARTIES. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ( .. ) ( ) ( N.S. SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 15/ 10 /2014 /'..,$.../ T.C. NAIR, SR. PS MA NO.67/AHD/2014 (IN CO NO.215/AHD/2012) E INFOCHIPS LTD. VS. ADDL.CIT ASST.YEAR 2007-08 - 4 - !'#$#%! / COPY OF THE ORDER FORWARDED TO : 1. 01 # / THE APPLICANT. 2. !'# / THE RESPONDENT. 3. 234 5 / CONCERNED CIT. 4. 5 ( 01 ) / THE CIT(A)-VIII, AHMEDABAD 5. 6$7!34 , 01 '034+ , 02 / DR, ITAT, AHMEDABAD 6. 79:;% / GUARD FILE. / BY ORDER, '61! //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 8.10.14 (DICTATION-PAD 5-P AGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12.10.14 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH FAIR ORDER PLACED BEFOR E OTHER MEMBER 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 15.10.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 15.10.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER