DCIT, New Delhi v. M/s. Indian Vaccines Corporation Ltd., New Delhi

ITA 382/DEL/2012 | 2007-2008
Pronouncement Date: 30-03-2012 | Result: Dismissed

Appeal Details

RSA Number 38220114 RSA 2012
Assessee PAN AAACI0836K
Bench Delhi
Appeal Number ITA 382/DEL/2012
Duration Of Justice 2 month(s) 5 day(s)
Appellant DCIT, New Delhi
Respondent M/s. Indian Vaccines Corporation Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 30-03-2012
Date Of Final Hearing 27-03-2012
Next Hearing Date 27-03-2012
Assessment Year 2007-2008
Appeal Filed On 24-01-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH C BENCH C BENCH C BENCH C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL D.AGRAWAL D.AGRAWAL D.AGRAWAL VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI A.D.JAIN A.D.JAIN A.D.JAIN A.D.JAIN JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO.382/DEL/2012 382/DEL/2012 382/DEL/2012 382/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2007 2007 2007 2007- -- -08 0808 08 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX INCOME TAX INCOME TAX INCOME TAX CIRCLE CIRCLE CIRCLE CIRCLE- -- -11(1) 11(1) 11(1) 11(1) NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS VSVS VS. .. . M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION M/S INDIAN VACCINES CORPORATION LIMITED LIMITED LIMITED LIMITED B BB B- -- -413 ANSAL CHAMBER 413 ANSAL CHAMBER 413 ANSAL CHAMBER 413 ANSAL CHAMBER- -- -I I I I BHIKAJI CAMA PLACE BHIKAJI CAMA PLACE BHIKAJI CAMA PLACE BHIKAJI CAMA PLACE NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 066. 110 066. 110 066. 110 066. PAN : AAACI0836K. PAN : AAACI0836K. PAN : AAACI0836K. PAN : AAACI0836K. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ALOK SINGH SR.DR. RESPONDENT BY : SHRI GAUTAM JAIN CA. ORDER ORDER ORDER ORDER PER G. PER G. PER G. PER G.D.AGRAWAL D.AGRAWAL D.AGRAWAL D.AGRAWAL VP VPVP VP : : : : THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF LEARNED CIT(A)-XI NEW DELHI DATED 3 RD NOVEMBER 2011 FOR THE AY 2007-08. 2. THE ONLY GROUND RAISED BY THE REVENUE IN THIS AP PEAL READS AS UNDER:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD.CIT(A) HAS ERRED IN RESTRICTING THE ADD ITION OF RS.28 66 103/- TO THE EXTENT OF RS.8 21 636/- MA DE ON ACCOUNT OF DISALLOWANCE OF BUSINESS EXPENSES. 3. AT THE TIME OF HEARING BEFORE US THE LEARNED CO UNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE RAISED IN THIS RE VENUES APPEAL IS IDENTICAL TO THE ISSUE IN THE REVENUES APPEAL I N ASSESSEES ITA-382/DEL/2012 2 OWN CASE IN ITA NO.1188/DEL/2011 FOR AY 2002-03 WHIC H HAS BEEN HEARD BY THE SAME BENCH OF THE TRIBUNAL ON 26 TH MARCH 2012. HE SUBMITTED THAT THE OUTCOME OF THE SAID APPEAL OF TH E REVENUE FOR AY 2002-03 MAY ALSO BE APPLIED IN THIS APPEAL ALSO. 4. THE LEARNED DR ALSO AGREED TO THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE. 5. WE HAVE HEARD THE SUBMISSIONS OF BOTH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. IT IS OBSER VED THAT THE IDENTICAL ISSUE AS RAISED IN THIS APPEAL WAS INVOLV ED IN THE APPEAL OF THE REVENUE IN ASSESSEES OWN CASE IN ITA NO.118 8/DEL/2011 & OTHERS FOR THE AY 2002-03 WHICH WAS HEARD BY US ON 2 6 TH MARCH 2012. VIDE ORDER DATED 30 TH MARCH 2012 IN ITA NO.1188/DEL/2011 WE HAVE REJECTED THE GROUND RAISE D BY THE REVENUE WHILE UPHOLDING THE ORDER OF LEARNED CIT(A) . FOLLOWING THE SAID ORDER OF THE TRIBUNAL WE DO NOT FIND ANY JUSTIFICATION TO INTERFERE WITH THE ORDER OF LEARNED CIT(A) IN THIS CASE ALSO. THE SAME IS SUSTAINED. 6. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 30 TH MARCH 2012. SD/- SD/- ( (( (A.D.JAIN A.D.JAIN A.D.JAIN A.D.JAIN) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBE MEMBE MEMBE MEMBER RR R VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 30.03.2012 VK. COPY FORWARDED TO: - 1. APPELLANT ITA-382/DEL/2012 3 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT ASSISTANT REGISTRAR