Asst.C.I.T., Hubli v. M/s Bellad & Co.,, Hubli

ITA 1412/BANG/2015 | 2009-2010
Pronouncement Date: 13-10-2016

Appeal Details

RSA Number 141221114 RSA 2015
Assessee PAN AABFB6457D
Bench Bangalore
Appeal Number ITA 1412/BANG/2015
Duration Of Justice 10 month(s) 11 day(s)
Appellant Asst.C.I.T., Hubli
Respondent M/s Bellad & Co.,, Hubli
Appeal Type Income Tax Appeal
Pronouncement Date 13-10-2016
Appeal Filed By Department
Bench Allotted B
Tribunal Order Date 13-10-2016
Date Of Final Hearing 26-09-2016
Next Hearing Date 26-09-2016
Assessment Year 2009-2010
Appeal Filed On 02-12-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI A.K. GARODIA ACCOUNTANT MEMBER AND SMT ASHA VIJAYARAGHAVAN JUDICIAL MEMBER ITA NO.1412/BANG/2015 ASSESSMENT YEARS : 2009-10 THE ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 1(1) HUBBALLI. VS. M/S. BELLAD & CO VIDYANAGAR HUBBALLI 580021 PAN: AABFB6457D APPELLANT RESPONDENT ASSESSEE BY : SHRI. C. R. NULVI CA REVENUE BY : SMT. MEERA SRIVASTAVA ADDITIONAL CIT DATE OF HEARING : 26.09.2016 DATE OF PRONOUNCEMENT : 13.10.2016 O R D E R PER A.K. GARODIA ACCOUNTANT MEMBER THIS IS A REVENUES APPEAL DIRECTED AGAINST THE O RDER OF LEARNED CIT (APPEALS) HUBALLI DATED 15.9.2015 FOR ASSESSMENT Y EAR 2009-10. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER:- 1. THE ORDER OF THE ASSESSING OFFICER IS OPPOSED TO LAW AND FACTS. 2. THE A.O. IS NOT JUSTIFIED IN DISALLOWING RS.34 3 2 127/- CLAIMED AS DEDUCTION U/S 801A BY HOLDING THAT PROFIT OF NEW UN DERTAKING TO BE COMPUTED AS IF IT IS THE ONLY BUSINESS RIGHT FROM I TS INCEPTION AND SET OFF EARLIER YEARS LOSS AND DEPRECIATION AGAINST CURREN T YEARS INCOME OF SUCH ELIGIBLE UNIT EVEN THOUGH THEY HAVE BEEN ALLOW ED SET OFF AGAINST OTHER INCOME IN EARLIER YEARS. 3. FOR THESE AND OTHER GROUNDS OF APPEAL THAT MAY B E URGED AT THE TIME OF HEARING THE ADDITIONS/DISALLOWANCES MENTIONED ABOV E BE DELETED IN THE INTEREST OF NATURAL JUSTICE. ITA NOS.1412/BANG/2015 PAGE 2 OF 2 3. AT THE VERY OUTSET IT WAS SUBMITTED BY LEARNED AR OF THE ASSESSEE THAT IT IS NOTED BY LEARNED CIT (A) IN LAST PARA OF HIS ORDER THAT ORDER PASSED BY LEARNED CIT U/S 263 HAD BEEN QUASHED BY THE TRIBUNAL AND THEREF ORE THE ORDER PASSED BY THE AO U/S 143(3) R.W.S 263 HAS BECOME INFRUCTOUS. LEARNE D DR OF THE REVENUE COULD NOT CONTROVERT THIS FINDINGS OF LEARNED CIT (A). 4. CONSIDERING THE FACTS NOTED ABOVE WE FIND NO RE ASON TO INTERFERE IN THE ORDER OF LEARNED CIT (APPEALS) BECAUSE THE ORDER PASSED B Y THE LEARNED CIT U/S 263 ITSELF HAS BEEN QUASHED BY THE TRIBUNAL AND THEREFORE THE ORDER PASSED BY THE AO U/S 143(3) R.W.S. 263 DOES NOT SURVIVE. 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF OCTOBER 2016. SD/- SD/- (ASHA VIJAYARAGHAVAN) (A.K. GARODIA) JUDICIAL MEMBER ACCOUN TANT MEMBER BANGALORE DATED THE 13 TH OCTOBER 2016. /NS/ COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT BANGALORE.