The DCIT, Circle-4,, Ahmedabad v. Khyati Chemicals Pvt. Ltd.,, Ahmedabad

ITA 28/AHD/2008 | 2004-2005
Pronouncement Date: 16-08-2010 | Result: Dismissed

Appeal Details

RSA Number 2820514 RSA 2008
Assessee PAN AAACK6277E
Bench Ahmedabad
Appeal Number ITA 28/AHD/2008
Duration Of Justice 2 year(s) 7 month(s) 14 day(s)
Appellant The DCIT, Circle-4,, Ahmedabad
Respondent Khyati Chemicals Pvt. Ltd.,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 16-08-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 16-08-2010
Date Of Final Hearing 03-11-2010
Next Hearing Date 03-11-2010
Assessment Year 2004-2005
Appeal Filed On 02-01-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI JM AND D.C. AGRAWAL AM) ITA NO.28/AHD/2008 A. Y.: 2004-05 THE D. C. I. T. CIRCLE -4 NAVJIVAN TRUST BUILDING OFF. ASHRAM ROAD AHMEDABAD VS KHYATI CHEMICALS PVT. LTD. 905/906 SAMUDRA ANNEXE SARDAR PATEL NAGAR OFF. C. G. ROAD NIAVRANGPURA AHMEDABAD PA NO. AAACK 6277 E (APPELLANT) (RESPONDENT) APPELLANT BY SHRI BHUVNESH KULSHRESTHA DR RESPONDENT BY NONE O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A)-VIII AHMED ABAD DATED 08-10-2007 FOR THE ABOVE ASSESSMENT YEAR 2004-05 CH ALLENGING THE ORDER OF THE LEARNED CIT(A) IN DIRECTING TO EXCLUDE SALE S TAX AND EXCISE DUTY ELEMENT FROM THE TURNOVER WHILE CALCULATING DEDUCTI ON U/S 80HHC OF THE IT ACT. THE LEARNED CIT(A) FOUND THAT THE ISSUE IS COVERED BY THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE O F LAXMI MACHINE WORKS 290 ITR 667 IN WHICH IT WAS HELD THAT EXCISE DUTY AND SALES TAX ELEMENT WOULD NOT FALL PART OF THE TURNOVER IN CALC ULATING DEDUCTION U/S 80 HHC OF THE IT ACT. THE LEARNED DR CONCEDED THAT THE ISSUE IS COVERED AGAINST THE REVENUE BY THE JUDGMENT OF THE HONBLE SUPREME COURT IN THE CASE OF LAXMI MACHINE WORKS (SUPRA). IN THIS VI EW OF THE MATTER WE DO NOT FIND ANY MERIT IN THE DEPARTMENTAL APPEAL. T HE SAME IS ACCORDINGLY DISMISSED. ITA NOS. 28/AHD/2008 DCIT CIR-4 AHMEDABAD VS KHYATI CHEMICALS PVT. LTD . 2 2. IN THE RESULT THE DEPARTMENTAL APPEAL IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 16-08-2010 SD/- SD/- (D. C. AGRAWAL) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 16-08-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR ITAT AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR ITAT AHMEDABAD