ACIT 12(1), MUMBAI v. PRESTRESS WIRE INDUSTRIES, MUMBAI

ITA 4137/MUM/2009 | 2001-2002
Pronouncement Date: 23-03-2010 | Result: Dismissed

Appeal Details

RSA Number 413719914 RSA 2009
Assessee PAN AAAFP5807C
Bench Mumbai
Appeal Number ITA 4137/MUM/2009
Duration Of Justice 8 month(s) 17 day(s)
Appellant ACIT 12(1), MUMBAI
Respondent PRESTRESS WIRE INDUSTRIES, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 23-03-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 23-03-2010
Assessment Year 2001-2002
Appeal Filed On 06-07-2009
Judgment Text
IN THE INCOME-TAX APPELLATE TRIBUNAL MUMBAI BENCH C BEFORE SHRI D. MANMOHAN HONBLE VICE PRESIDENT AND SHRI A.L. GEHLOT ACCOUNTANT MEMBER I.T.A.NO. 4137/MUM/2009 (ASSESSMENT YEAR: 2001-02) ASST.COMMR. OF INCOME-TAX -12(1) M/S. PRESTRESS WIRE INDUSTRIES ROOM NO.117 AAYKAR BHAVAN VS. 303 ELPHINSTONE HOUSES M.K. RD. MUMBAI-400 020. 17 MURZBAN RD. FORT MUMBAI-400 001 . PAN: AAAFP580 7C (APPELLANT) (RESPONDENT) C. O. NO. 10/MUM/2010 (ARISING OUT OF IT A NO. 4137/MUM/2009) (A SSESSMENT YEAR: 2001-02) M/S. PRESTRESS WIRE INDUSTRIES ASST.COMMR. OF INCOME-TAX 303 ELPHINSTONE HOUSES -12(1) R.NO.117 AAYKAR 17 MURZBAN RD FORT VS . BHAVAN M.K.ROAD MUMBAI-400 001. MUMBAI-400 020 PAN: AAAFP5807C (RESPONDENT) (CROSS OBJECTOR) I.T. A. NO.4138/MUM/2009 (ASSE SSMENT YEAR : 2006-07) ASST.COMMR. OF INCOME-TAX M/S.PRESTRESS WIRE INDUSTRI ES -12(1) R.NO.117 AAYKAR 303 ELPHINSTONE HOUSES BHAVAN M.K.ROAD 17 MURZBAN RD. FORT MUMBAI-400 020. MUMBAI-400 001. (APPELLANT) PAN:AAAFP5807C (RESPO NDENT) DEPARTMENT BY : SHRI AJIT KUMAR SINHA. ASSESSEE BY : SHRI S.N. INAMDAR. 2 ITA 4137-4138 & CO 10/M/09 O R D E R PER BENCH : THESE APPEALS WERE FILED AT THE INSTANCE OF THE REV ENUE AND CROSS OBJECTION WAS FILED AT THE INSTANCE OF THE ASSESSEE COMPANY IN S O FAR AS ASSESSMENT YEAR 2001-02 IS CONCERNED CHALLENGING THE RE-OPENING OF ASSESSMENT . THE ONLY ISSUE URGED BY THE REVENUE IS WITH REGARD TO ENTITLEMENT OF DEDUCTION UNDER SEC. 80IB OF THE ACT. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL APPE ARING ON BEHALF OF THE ASSESSEE PLACED BEFORE US A COPY OF THE ORDER OF ITAT C BENCH IN THE ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2004-05 AND 2005-06 (ITA NOS. 4451 & 4452/MUM/08 ) DATED 20-11- 2009 WHEREIN IDENTICAL ISSUE WAS DECIDED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. HOWEVER THE LD. DEPARTMENTAL REPRESENTAT IVE STRONGLY RELIED UPON THE ORDER PASSED BY THE A.O. 3. WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIO NS AND PERUSED THE RECORDS. SINCE IDENTICAL ISSUE WAS DECIDED BY THE ITAT IN TH E ASSESSEES OWN CASE FOR THE EARLIER YEARS WE DO NOT FIND ANY INFIRMITY IN THE ORDER PA SSED BY THE LD. CIT(A) SINCE IT IS IN CONSONANCE WITH THE ORDER OF THE ITAT (SUPRA). UNDE R THE CIRCUMSTANCES THE APPEALS FILED BY THE REVENUE ARE HEREBY DISMISSED. 4. THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT PR ESS THE CROSS OBJECTION. THEREFORE THE SAME IS DISMISSED AS NOT PRESSED. 3 ITA 4137-4138 & CO 10/M/09 ORDER PRONOUNCED ON THE 23RD DAY OF MARCH 2010 . SD/- SD/- (A.L. GEHLOT) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATED 23RD MARCH 2010. NG: COPY TO : 1.DEPARTMENT. 2.ASSESSEE. 3. CIT(A) XII MUMBAI. 4.CIT-XII MUMBAI. 5.DR CIT(A)-BENCH MUMBAI. 6. GUARD FILE (TRUE COPY) BY OR DER ASSTT. REGISTRAR. ITAT MUMBAI BENCHES MUMBAI. 4 ITA 4137-4138 & CO 10/M/09