The Asstt.Commissioner of Income-tax, Jalandhar V. M/s. Aaren Exports, Jalandhar

MA 95/ASR/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8899 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-08-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-08-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 01-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R L CHHANALIA
• Assessee Lawyers: J S BHASIN
• Keywords: Rectification of order
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER M.A. NO.95(ASR)/2010 (ARISING OUT OF I.T.A. NO.347(ASR)/2009) ASSESSMENT YEAR:2001-02 PAN : ASSTT. COMMR. INCOME-TAX, VS. M/S. AAREN EXPORTS, RANGE-II, JALANDHAR. JALANDHAR. (APPELLANT) (RESPONDENT) DEPARTMENT BY: SH. R.L. CHHANALIA, DR ASSESSEE BY:SH. J.S. BHASIN, ADV. DATE OF HEARING:24/08/2012 DATE OF PRONOUNCEMENT:24/08/2012 ORDER PER BENCH ; THE DEPARTMENT HAS FILED THE PRESENT MISCELLANEOUS APPLICATION FOR RECTIFICATION OF ORDER DATED 28.11.2005, PASSED BY THE ITAT, AMRITSAR BENCH, IN ITA NO.347 (ASR)/2005 FOR THE ASSESSMENT YEAR 2001-02 BY STATING THAT THE GROUND OF APPEAL REGARDING ALLOWAB ILITY OF DEDUCTION UNDER SECTION OF 80IB ON DEPB HAS NOT BEEN DISCUSSED AN D DECIDED BY THIS OFFICE AND THERE IS NO FINDING OF THE TRIBUNAL ON THE SAME ISSUE IN ITS ORDER. 2. AFTER HEARING BOTH THE PARTIES AND THOROUGHLY GO ING THROUGH THE ORDER PASSED BY THE TRIBUNAL, DATED 28.11.2005, WE FIND T HAT THIS BENCH OF ITAT AT 2 PAGE 12 IN PARA 13 & 14 HAS DISCUSSED THE ISSUE RAI SED BY THE DEPARTMENT IN THE PRESENT MISCELLANEOUS APPLICATION. FOR THE SAKE OF CONVENIENCE, PARA 13 & 14 OF THE ORDER OF THE TRIBUNAL ARE REPRODUCED HE REUNDER: 13. THE OTHER ISSUE INVOLVED IN THIS APPEAL WAS WI TH REGARD TO THE FOLLOWING GROUND I.E. GROUND NO.2:- 2. THAT THE LD. CIT(A) HAS ERRED BOTH IN LAW AND ON THE FACTS OF THE CASE IN HOLDING THAT THE DEPB BE TREA TED AS RECEIPT COVERED U/S 28(IV) FOR THE PURPOSE OF CALCULATION O F DEDUCTION U/S 80HHC. 14. VIDE OUR ORDER DATED 31.8.2007, THIS ISSUE WAS REMITTED TO THE FILE OF THE A.O. TO BE DECIDED AFRESH IN ACCORDANCE WITH THE PROVISIONS OF SECTION 28(IIID) OF THE ACT, INSERTED WITH RETRO SPECTIVE EFFECT FROM 1.4.1987. THE ORDER ON THIS ISSUE HAS NOT BEEN RECA LLED AND IT REMAINS AS IT WAS. 3. KEEPING IN VIEW THE ORDER OF THE ITAT, AMRITSAR BENCH, DATED 28.11.2005 PASSED IN ITA NO.347(ASR)/2005 FOR THE A SSESSMENT YEAR 2001- 02, THE RELEVANT PORTION OF THE SAME HAS BEEN REPRO DUCED ABOVE, THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE DEPARTMENT I S DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IN MA NO.95(ASR)/2010 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24TH AUGUST, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH AUGUST, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. AAREN EXPORTS, JALANDHAR. 2. THE ACIT R-II, JALANDHAR. 3. THE CIT(A) 3 4. THE CIT 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.