M/S. MEDISPRAY LABORATORIES PVT. LTD., V. DCIT CEN CIR 2,

MA 75/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6698 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 09-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B : MUMBAI BEFORE SHRI T.R. SOOD, AM AND SHRI R. S. PADVEKAR, JM MA NO.75/MUM/2011 ARISING OUT OF ITA NO.5429/MUM/2009 ASSESSMENT YEAR: 2006-07 M/S. MEDISPRAY LABORATORIES P. LTD. 12, GUNBOW STREET, HORNBY VIEW BLDG., FORT, MUMBAI-400 001 PAN NO: AAACM4153B VS DCIT CEN CIR - 2 OLD CGO BLDG, ANNEXE, 9 TH FLOOR, M.K. ROAD, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI V. V. SHASTRI ORDER PER T.R. SOOD (AM) : THIS MISCELLANEOUS APPLICATION FILED BY THE ASSES SEE IS DIRECTED AGAINST THE ORDER DATED 29.12.2010 PASSED BY THE TR IBUNAL IN ITA NO.1159 & 5429/MUM/2009 FOR THE ASSESSMENT YEAR 2006-07. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE NOTICE. THROUGH MISCELLANEOUS APPLICATION THE ASSESSEE HAS SOUGHT R ECTIFICATION OF THE ORDER WHICH HAS CREPT INTO THE ORDER OF THE TRIBUNAL IN I TA NO.5429/MUM/2009. IT HAS BEEN POINTED OUT THAT WHILE ADJUDICATING THE GR OUND NO. 2 THOUGH THE TRIBUNAL HAS FOLLOWED THE ORDER OF TRIBUNAL FOR EAR LIER YEAR ON THE ISSUE OF DEDUCTION U/S.80IB ON THE SALE OF SCRAP HOWEVER WHI LE ADJUDICATING THE ISSUE 2 WAS DECIDED AGAINST THE ASSESSEE. IT HAS BEEN POINT ED OUT THAT IN EARLIER YEARS THE ISSUE WAS DECIDED IN FAVOUR OF THE ASSESS EE. 3. THE LD. DR SUBMITTED THAT HE HAS NO OBJECTION FO R RECTIFICATION. THIS SEEMS TO BE ONLY A TYPING MISTAKE. 4. AFTER CONSIDERING THE SUBMISSION OF THE LD. DR A ND THE MISCELLANEOUS APPLICATION AS WELL AS THE ORDER OF TRIBUNAL WE FIN D THAT THROUGH PARA 9 THE TRIBUNAL ADJUDICATED THE GROUND NO. 2 WHICH PERTAIN S TO DEDUCTION UNDER SECTION 80IB INRESPECT OF SCRAP SALES. THE EARLIER ORDER OF THE TRIBUNAL IN ITA NO. 5915/M/2007 IS CLEARLY IN FAVOUR OF THE ASSESSE E VIDE PARA 7 OF THE EARLIER ORDER WHICH WAS EXTRACTED IN PARA 9. HOWEVE R WHILE DECIDING THE ISSUE IT SEEMS INADVERTENTLY IT HAS BEEN MENTIONED THAT I SSUE IS DECIDED AGAINST THE ASSESSEE. THEREFORE, CLEARLY AN ERROR HAS CREPT INTO THE ORDER OF THE TRIBUNAL. WE RECTIFY THE SAME AND SUBSTITUTE PARA 9 OF THE TRIBUNAL ORDER IN ITA NO.5429/MUM/2009 WHICH IS AS UNDER :- 9. ON THE OTHER HAND, LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT AN IDENTICAL ISSUE CAME UP BEFORE THE TRIBUNAL IN EARLIER YEAR AND WAS DECIDED IN FAVOUR OF THE ASSESSEE VIDE PARA 7 WHICH READS AS UNDER : 7. IN CROSS OBJECTIONS, THE COMMON ISSUE IS RAISED WITH REGARD TO THE DISALLOWANCE OF CLAIM OF DEDUCTION UN DER SECTION U/S.80IB ON SALE OF SCRAPS. THE ISSUE WAS A LSO EXAMINED BY THE TRIBUNAL IN EARLIER YEARS AND IT WA S HELD THAT DEDUCTION UNDER SECTION U/S.80IB WILL BE ALLOW ED ON THE SALE OF SCRAP. WE, THEREFORE, FOLLOWING THE ORD ER OF THE TRIBUNAL FOR EARLIER YEARS, DECIDE THIS ISSUE IN FA VOUR OF THE ASSESSEE. ACCORDINGLY, THE ORDER OF THE CIT(A) IS S ET ASIDE IN THIS REGARD AND ASSESSING OFFICER IS DIRECTED TO AL LOW THE CLAIM OF THE ASSESSEE. FOLLOWING THE ABOVE ORDER, WE DECIDE THIS ISSUE AGA INST THE REVENUE. 3 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 15 TH JUNE, 2011 SD/- SD/- (R. S. PADVEKAR) (T. R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 15/06/2011 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, B - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI