Shri Bhavesh T Prasana, Parwanoo v. DCIT, Circle , Parwanoo

ITA 1039/CHANDI/2017 | 2013-2014
Pronouncement Date: 27-11-2017 | Result: Dismissed

Appeal Details

RSA Number 103921514 RSA 2017
Assessee PAN AJSPP0728K
Bench Chandigarh
Appeal Number ITA 1039/CHANDI/2017
Duration Of Justice 5 month(s) 4 day(s)
Appellant Shri Bhavesh T Prasana, Parwanoo
Respondent DCIT, Circle , Parwanoo
Appeal Type Income Tax Appeal
Pronouncement Date 27-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 27-11-2017
Last Hearing Date 09-11-2017
First Hearing Date 09-11-2017
Assessment Year 2013-2014
Appeal Filed On 22-06-2017
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SHRI SANJAY GARG JUDICIAL MEMBER & DR. B.R.R. KUMAR ACCOUNTANT MEMBER ITA NO. 1039/CHD/2017 ASSESSMENT YEAR: 2013-14 SH. BHAVESH T PRASANA VS. THE DCIT PARWANOO H.P. CIRLCE- PARWANOO H.P. PAN NO. AJSPP0728K (APPELLANT) (RESPONDENT) APPELLANT BY : SH. MANOJ KUMAR RESPONDENT BY : SMT. CHANDERKANTA DATE OF HEARING : 27.11.2017 DATE OF PRONOUNCEMENT : 27.11.2017 ORDER PER SANJAY GARG JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S) [HEREINAFTER REFERRED TO AS CIT(A)] SHIMLA DATED 25.04.2017 RELATING TO ASSESSMENT YEAR 2013-14. 2. BOTH THE LD. REPRESENTATIVES OF THE PARTIES HAVE FAIRLY AGREED THAT THE ISSUE ADDRESSED IN THE PRESENT APPEAL IS I DENTICAL TO WHAT HAS BEEN DECIDED BY THE CO-ORDINATE BENCH IN ITA NO. 79 8/CHD/2012 IN THE CASE OF HYCRON ELECTRONICS VS ITO. 2 4. THE RELEVANT FACTS OF THE CASE ARE THAT THE ASSE SSEE FIRM IS ENGAGED IN MANUFACTURING OF LIQUID DETERGENT AND IS PROPRIETOR OF SATOL CHEMICALS. THE ASSESSEE FIRM STARTED ITS MAN UFACTURING ACTIVITY ON 23.11.2006 AND THE INITIAL ASSESSMENT YEAR FOR CLAIM OF DEDUCTION U/S 80IC OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT) WAS ASSESSMENT YEAR 2007-08. THE ASSESSEE HAS ALREADY C LAIMED DEDUCTION UNDER SECTION 80IC OF THE ACT TO THE EXTENT OF 100% ELIGIBLE PROFIT FOR FIVE YEARS PERIOD FROM ASSESSMENT YEARS 2007-08 TO 2011-12. THE ASSESSEE HAD AGAIN CLAIMED 100% DEDUCTION AGAINST E LIGIBLE PROFIT IN THE RELEVANT ASSESSMENT YEAR 2013-14 WHICH WAS 7 TH YEAR OF PRODUCTION BY CLAIMING SUBSTANTIAL EXPANSION OF THE UNIT IN ASSESSMENT YEAR 2010-11. RELYING UPON THE AFORESAI D DECISION OF THE ITAT IN THE CASE OF HYCRON ELECTRONICS (SUPRA) THE CLAIM WAS REJECTED BY THE LOWER AUTHORITIES. IN THE AFOREMEN TIONED PECULIAR FACTS AND CIRCUMSTANCES SINCE THE ISSUE ON FACTS A ND LAW IS IDENTICAL AND WE FIND THE SUBMISSIONS TO BE CORRECT; ACCORDIN GLY RESPECTFULLY FOLLOWING THE PRECEDENT THE APPEAL OF THE ASSESSEE IS REJECTED. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 27.11.2017 SD/- SD/- (DR. B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27.11.2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 3