Doshion Limited, Ahmedabad v. The Income tax Officer, Ward-1(4),, Ahmedabad

CO 365/AHD/2007 | 2003-2004
Pronouncement Date: 13-08-2010 | Result: Dismissed

Appeal Details

RSA Number 36520523 RSA 2007
Assessee PAN AAACD8771G
Bench Ahmedabad
Appeal Number CO 365/AHD/2007
Duration Of Justice 2 year(s) 8 month(s) 17 day(s)
Appellant Doshion Limited, Ahmedabad
Respondent The Income tax Officer, Ward-1(4),, Ahmedabad
Appeal Type Cross Objection
Pronouncement Date 13-08-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 13-08-2010
Date Of Final Hearing 22-07-2010
Next Hearing Date 22-07-2010
Assessment Year 2003-2004
Appeal Filed On 26-11-2007
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'C' BEFORE SHRI G D AGARWAL VICE-PRESIDENT AND SHRI T K SHARMA JUDICIAL MEMBER ITA NO.3627/AHD/2007 WITH C O NO.365/AHD/2007 (ASSESSMENT YEAR:-2003-04) THE INCOME-TAX OFFICER WARD-1(4) AHMEDABAD V/S DOSHION LIMITED PLOT NO. 24-25-26 PHASE- I GIDC AHMEDABAD PA NO. AAACD 8771 G [APPELLANT] [RESPONDENT] APPELLANT BY :- SHRI K M MAHESH SR. DR RESPONDENT BY:- SHRI S N SOPARKAR AR O R D E R PER T K SHARMA (JM): THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 01- 06-2007 PASSED BY LEARNED COMMISSIONER OF INCOME-TA X (APPEALS)-V AHMEDABAD [THE CIT(A)] FOR ASSESSMEN T YEAR (AY) 2003-04. VARIOUS GROUNDS RAISED BY THE REVENUE IN ITS APPEAL ARE AS UNDER:- 1 THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN ALLOWIN G DEDUCTION U/S 80IB OF THE I.T. ACT AMOUNTING TO RS.17 234/- ON TH E PROFIT EARNED ON HIGH SEAS SALES. 2 THE CIT(A) ERRED IN LAW AND ON FACTS IN ALLOWING DE DUCTION U/S 80IB OF THE I.T. ACT AMOUNTING TO RS.7 39 911/- ON THE PROFIT EARNED ON WORK CONTRACT SALES. 2 3 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW THE CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE AO. 2 AT THE OUTSET SHRI S N SOPARKAR APPEARED ON BEH ALF OF THE ASSESSEE AND PRODUCED A DECISION DATED 18-06-2010 O F ITAT AHMEDABAD BENCH-C IN REVENUES APPEAL IN ASSESSEES OWN CASE FOR AY 2004-05 IN ITA NO.2921/AHD/2007. THE COUNSEL OF THE ASSESSEE POINTED OUT THAT WITH REGARD TO ALLOWANCE OF DEDUCTION U/S 80IB ON PROFIT EARNED ON HIGH SEAS SALES RELEV ANT DISCUSSION IS CONTAINED IN PARA-5 OF THE TRIBUNALS ORDER. THE CONTROVERSY IN GROUND NO.2 IS COVERED BY THE DECISION OF THE TRIBU NAL IN PARA-9 OF THE ORDER OF THE TRIBUNAL FOR AY 2004-05. AS AGA INST THIS THE LEARNED DR VEHEMENTLY SUPPORTED THE ORDER OF THE AO . 3 HAVING HEARD BOTH THE SIDES WE HAVE CAREFULLY GO NE THROUGH ORDERS OF THE AUTHORITIES BELOW AS WELL AS THE DECISION OF THE ITAT AHMEDABAD BENCH-C DATED 18-06-2010 IN REV ENUES APPEAL IN ASSESSEES OWN CASE FOR AY 2004-05 IN ITA NO.2921/AHD/2007 AS RELIED UPON BY THE ASSESSEES COUNSEL. IT IS PERTINENT TO NOTE THAT IN THE IMPUGNED ORDER FOR AL LOWING RELIEF TO THE ASSESSEE IN RESPECT OF BOTH THE ISSUES INVOLVED IN THIS APPEAL FOLLOWED HIS ORDER FOR AY 2004-05. THE APPEAL OF TH E REVENUE AGAINST THE ORDER OF THE CIT(A) FOR AY 2004-05 WAS DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 18-06-2010 AS POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE AND A COPY OF ORDE R IS PLACED BEFORE US. SINCE NOW THE CONTROVERSY INVOLVED IN BO TH THE GROUNDS IS COVERED IN FAVOUR OF THE ASSESSEE BY THE AFORESAID DECISION OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR AY 2004- 3 05 WE ARE THEREFORE INCLINED TO UPHOLD THE ORDER OF THE CIT(A) IN RESPECT OF BOTH THE ISSUES. THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4 THE ONLY GROUND RAISED BY THE ASSESSEE IN ITS CRO SS OBJECTION READS AS UNDER:- 1 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE CIT(A) ERRED IN NOT UPHOLDING THE ASSESSEES OBJECTION THAT IN T HE EYE OF LAW IT WAS NOT A FIT CASE FOR REOPENING U/S 147 / 148 AND FURTHER ERRED IN NOT HOLDING THAT THE REASSESSMENT COMPLETED IN PURS UANCE THEREOF WAS BAD IN LAW. THE AFORESAID GROUND IN THE CROSS OBJECTION WAS NOT PRESSED BY THE LEARNED COUNSEL FOR THE ASSESSEE AND THEREFORE THE SAME STANDS DISMISSED AS NOT PRESSED. 5 IN THE RESULT BOTH THE APPEAL FILED BY THE REVEN UE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT TODAY ON 13-08- 2010 SD/- SD/- (G D AGRAWAL) VICE-PRESIDENT (T K SHARMA) JUDICIAL MEMBER DATE : 13-08-2010 COPY OF THE ORDER FORWARDED TO : 1. DOSHION LIMITED PLOT NO. 24-25-26 PHASE-I GID C AHMEDABAD 2. THE ITO WARD-1(4) AHMEDABAD 4 3. CIT CONCERNED 4. CIT(A)-V AHMEDABAD 5. THE DR ITAT AHMEDABAD 6. GUARD FILE BY ORDER DEPUTY REGISTRAR ASSISTANT REGISTRAR ITAT AHMEDABA