Priya Aqua farms, Hyderabad v. DCIT, Hyderabad

ITA 109/HYD/2010 | 2001-2002
Pronouncement Date: 30-04-2010 | Result: Partly Allowed

Appeal Details

RSA Number 10922514 RSA 2010
Assessee PAN AACFP7408F
Bench Hyderabad
Appeal Number ITA 109/HYD/2010
Duration Of Justice 3 month(s) 4 day(s)
Appellant Priya Aqua farms, Hyderabad
Respondent DCIT, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2010
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted A
Tribunal Order Date 30-04-2010
Date Of Final Hearing 06-04-2010
Next Hearing Date 06-04-2010
Assessment Year 2001-2002
Appeal Filed On 25-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A HYDERABAD BEFORE SHRI G.C. GUPTA VICE PRESIDENT AND SHRI AKBER BASHA ACCOUNTANT MEMBER . ITA NO.109/HYD/10 : ASSE SSMENT YEAR 2001-02 PRIYA AQUA FARMS GUNTUR. PAN:AACFP 7408F VS DY.CIT CENT. CIR-7 HYDERABAD. (APPLICANT) (RESPONDENT) APPELLANT BY : SHRI K. VASANT KUMAR RESPONDENT BY : SHRI B. SANTHIL KUMAR O R D E R PER AKBER BASHA ACCOUNTANT MEMBER THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDE R OF THE CIT (A)-I HYDERABAD DATED 13-10-2009 AND IT PER TAINS TO THE ASSESSMENT YEAR 2001-02. 2. AT THE OUTSET WE FIND THAT THE ISSUE RAISED IN THIS APPEAL IS COVERED AGAINST THE ASSESSEE BY THE DECISION OF THE APEX CO URT IN THE CASE OF IPCA LABORATORIES VS. DCIT REPORTED IN 266 ITR 531 THE ASSESSEE WAS NOT ELIGIBLE TO CLAIM DEDUCTION UNDER S. 80HH C OF THE ACT AS A SUPPORTING MANUFACTURER FOR WHICH THE LEARNED COUNSE L FOR THE ASSESSEE DID NOT CONTROVERT THE SAME. UNDER THE CIRCUMSTAN CES THE CIT (A) IS RIGHT IN CONFIRMING THE DISALLOWANCE OF DEDU CTION UNDER S. 80HHC CLAIMED BY THE ASSESSEE. ACCORDINGLY WE CONFIRM HIS ORD ER. 3. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DI SMISSED. THE ORDER WAS PRONOUNCED IN THE COURT ON 30-4-2010. SD/- SD/- (G.C. GUPTA) (AKBER BASHA) VICE PRESIDENT ACCOUNTANT MEMBER. DT/- 30 -4-2010. COPY FORWARDED TO: 1. B. NARASINGH RAO & CO. CAS FLAT NO.610 6TH FLOOR BABUKHAN ESTATE BASHEERBAGH HYDERABAD. 2. DCIT CENTRAL CIRCLE-7 HYDERABAD. 3. CIT(A)-I HYDERABAD. 4. CIT AP HYDERABAD. 5. DR ITAT HYDERABAD. JMR*