Gopal Glass Works Ltd.,, Ahmedabad v. The CIT(A)-2,, Ahmedabad

ITA 2674/AHD/2015 | 2011-2012
Pronouncement Date: 29-11-2017 | Result: Allowed

Appeal Details

RSA Number 267420514 RSA 2015
Assessee PAN AAACG5599H
Bench Ahmedabad
Appeal Number ITA 2674/AHD/2015
Duration Of Justice 2 year(s) 2 month(s) 7 day(s)
Appellant Gopal Glass Works Ltd.,, Ahmedabad
Respondent The CIT(A)-2,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted Not Allotted
Tribunal Order Date 29-11-2017
Assessment Year 2011-2012
Appeal Filed On 22-09-2015
Judgment Text
I .T.A. NO. 2674 /AHD/201 5 ASSESSMENT Y EAR: 20 1 1 - 12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD [CORAM : PRAMOD KUMAR AM ] I.T.A. NO. 2674 /AHD/201 5 ASSESSMENT Y EAR : 20 1 1 - 12 GOPAL GLASS WORKS LTD. ....... ...........APPELLANT 182 GAGAN VIHAR AHMEDABAD 380 001. [PAN : AAA CG 5599 H ] VS. CO MMISSIONER OF INCOME TAX (APPEALS) - 2 AHMEDABAD . ............................RESPONDENT APPEARANCES BY: PAMIL H. SHAH FOR THE APPELLANT SANTOSH KARNANI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 2 1 . 11 .2 017 DATE OF PRONOUNCING THE ORDER : 29 .11 . 2017 O R D E R 1. BY WAY OF THIS APPEAL THE ASSESSEE HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 23 RD JULY 2015 PASSED BY THE LD. CIT(A) UPHOLDING PENALTY OF RS.36 474/ - IMPOSED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT 1961 ( THE ACT HEREINAFTER ) FOR THE ASSESSMENT YEAR 201 1 - 12 . 2. THE RELEVANT MATERIAL FACTS ARE LIKE THIS. THE ASSESSEE WAS DECLINED DEDUCTION U/S.80IA AMOUNTING TO R S .49 18 577/ - BUT ON APPEAL THE ACTION OF THE ASSES SING OFFICER IN SO DECLINING THE DEDUCTION UNDER SECTION 80IA WAS REVERSED IN PRINCIPLE BY THE LD . CIT ( A ) . ON THE QUALIFICATION OF DEDUCTION HOWEVER THE LEARNED CIT ( A ) H ELD THAT CORRECT DEDUCTION WORKS OUT TO RS.48 00 536/ - . THE DIFFERENCE WAS ON ACC OUNT OF NON ALLOCATION OF ADMINISTRATIVE EXPENSES TO THE ELIGIBLE UNIT. IT WAS IN T HIS BACKDROP THAT THE LEARNED C IT(A) INITIATED AND IMPOSED THE IMPUGNED PENALTY OF RS.36 474 / - . AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE ME. I .T.A. NO. 2674 /AHD/201 5 ASSESSMENT Y EAR: 20 1 1 - 12 PAGE 2 OF 2 3. I HAVE HEARD THE RIV AL CONTENTIONS PERUSED THE MATERIAL ON RECORD AND DULY CONSIDERED FACTS OF THE CASE IN THE LIGHT OF APPLICABLE LEGAL POSITION. 4. I HAVE NOTED THAT THE SMALL DIFFERENCE IN QUANTIFICATION OF CLAIM OF DEDUCTION UN D ER SECTION 80IA IS SAID TO BE ON ACCOUNT O F ERROR IN NOT ALLOCATING THE HEAD OFFICE EXPENSES. LOOKING TO THE QUANTUM OF MISTAKEN ALLOCATION ADJUSTMENT VIS - A - VIS OVERALL CLAIM OF DEDUCTION UNDER SECTION 80IA THE EXPLANATION OF THE ASSESSEE DOES SEEM REASONABLE TO ME AND IT THEREFORE MERITS ACCE PTANCE. I HAVE ALSO NOTICED THAT IN SIMILAR SITUATION A DIVISION BENCH OF THIS TRIBUNAL IN THE CASE OF ITO VS. SHARDA CONSTRUCTION & INVESTMENT COMPANY [(2014) 50 TXMANN.COM 331 (PUNE)] HAD DELETED T H E RELATED PENALTY. IN VIEW OF THESE DISCUSSIONS A ND RESPECTFULLY FOLLOWING THE ABOVE JUDICIAL PRECEDENT I DELETE THE IMPUGNED PENALTY OF R S.36 474/ - . THE ASSESSEE GETS THE RELIEF ACCORDINGLY. 5 . IN THE RESULT THE APPEAL IS ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 29 TH DAY OF NOVEMBER 2017. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: AHMEDABAD THE 29 TH DAY OF NOVEMBER 2017. PBN/* COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES AHMEDABAD