The Income Tax Officer, Jammu v. M/s. Alliance Copper Concepts P.Ltd., Jammu

ITA 567/ASR/2013 | 2010-2011
Pronouncement Date: 28-10-2013 | Result: Dismissed

Appeal Details

RSA Number 56720914 RSA 2013
Assessee PAN AAFFV3639M
Bench Amritsar
Appeal Number ITA 567/ASR/2013
Duration Of Justice 1 month(s) 29 day(s)
Appellant The Income Tax Officer, Jammu
Respondent M/s. Alliance Copper Concepts P.Ltd., Jammu
Appeal Type Income Tax Appeal
Pronouncement Date 28-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 28-10-2013
Assessment Year 2010-2011
Appeal Filed On 30-08-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU JUDICIAL MEMBER AND SH. B.P.JAIN ACCOUNTANT MEMBER I.T.A. NO.553(ASR)/2013 ASSESSMENT YEAR:2009-10 PAN :AAFFV3639M INCOME TAX OFFICER VS. M/S. VARDHMAN ALLOYS WARD 1(3) JAMMU. GANGYAL JAMMU. (APPELLANT) (RESPONDENT) I.T.A. NO.554(ASR)/2013 ASSESSMENT YEAR:2010-11 PAN :AAIFA4197Q DY.COMMR. OF INCOME TAX VS. M/S. ACE ENGINEERING CO. CIRCLE-1 JAMMU. JAMMU. (APPELLANT) (RESPONDENT) I.T.A. NO.555(ASR)/2013 ASSESSMENT YEAR:2010-11 PAN :ABCPG9616P INCOME TAX OFFICER VS. SH. SANDEEP GULATI WARD 1(3) JAMMU. GANDHI NAGAR JAMMU. (APPELLANT) (RESPONDENT) I.T.A. NO.558(ASR)/2013 ASSESSMENT YEAR:2010-11 PAN :AAFFJ4424J 2 INCOME TAX OFFICER VS. M/S. JSB ALUMINIUM WARD 1(1) JAMMU. PHASE-1 JAMMU. (APPELLANT) (RESPONDENT) I.T.A. NO.567(ASR)/2013 ASSESSMENT YEAR:2010-11 PAN :AAFCA0630A INCOME TAX OFFICER VS. M/S. ALLIANCE COPPER CONCEP TS PVT. LTD. WARD 1(1) JAMMU. JAMMU. (APPELLANT) (RESPONDENT) I.T.A. NO.549(ASR)/2013 ASSESSMENT YEAR:2009-10 PAN :ABBFS3692J INCOME TAX OFFICER VS. M/S. SUN COMPONENTS WARD 1(3) JAMMU. PH-1 SAMBA (JAMMU). (APPELLANT) (RESPONDENT) APPELLANT BY:SH.MAHAVIR SINGH DR RESPONDENT BY:NONE DATE OF HEARING: 28/10/2013 DATE OF PRONOUNCEMENT:28/10/2013 ORDER PER BENCH ; THESE SIX APPEALS FILED BY THE REVENUE ARE DIREC TED AGAINST DIFFERENT ORDERS OF CIT(A) JAMMU FOR THE ASSESSMENT YEAR 2 009-10 & 2010 -11. 3 2. IN ITA NO.553(ASR)/2013 THE REVENUE HAS RAISE D FOLLOWING GROUNDS OF APPEAL:- 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.13 12 810/- M ADE ON ACCOUNT OF DISALLOWANCE OF EXCISE DUTY REFUND CLAIMED U/S 80 IB OF THE I.T.ACT 1961. 2. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 3. IN ITA NO.554(ASR)/2013 THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.9 89 369/- ON ACCOUNT OF DEDUCTION CLAIMED U/S 80IB ON EXCISE DUTY REFUND W HILE TREATING THE RECEIPTS AS CAPITAL RECEIPT AND NOT AS REVENUE REC EIPT. 2. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 4. IN ITA NO.555(ASR)/2013 THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.61 98 479/- MADE ON ACCOUNT OF DISALLOWANCE OF DEDUCTION U/S 80IB OF THE I.T.ACT 1961 ON CENTRAL EXCISE DUTY REFUND . 2. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.12 75 916/- O N ACCOUNT OF DISALLOWANCE OF DEDUCTION CLAIMED U/S 80IB OF THE I.T.ACT 1961 ON INTEREST SUBSIDY. 3. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 5. IN ITA NO.558(ASR)/2013 THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 4 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.21 65 843/- MADE ON ACCOUNT OF DISALLOWANCE OF DEDUCTION U/S 80IB OF THE I.T.ACT 1961 ON CENTRAL EXCISE DUTY REFUND . 2. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.14 15 995/- O N ACCOUNT OF DISALLOWANCE OF DEDUCTION CLAIMED U/S 80IB OF THE I.T.ACT 1961 ON INTEREST SUBSIDY. 3. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 6. IN ITA NO.567(ASR)/2013 THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.10 20 594/- MADE ON ACCOUNT OF DISALLOWANCE OF DEDUCTION U/S 80IB OF THE I.T.ACT 1961 ON CENTRAL EXCISE DUTY REFUND . 2. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.3 10 370/- ON ACCOUNT OF DISALLOWANCE OF DEDUCTION CLAIMED U/S 80IB OF THE I.T.ACT 1961 ON INTEREST SUBSIDY. 3. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 7. IN ITA NO.549(ASR)/2013 THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT(A) WAS RIGHT IN DELETING THE ADDITION OF RS.11 45 060/- O N ACCOUNT OF DEDUCTION CLAIM U/S 80IB ON EXCISE DUTY REFUND WHI LE TREATING THE RECEIPTS AS CAPITAL RECEIPT AND NOT AS REVENUE REC EIPT. 2. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MORE GROUNDS OF APPEAL. 5 8. AT THE TIME OF HEARING IT WAS NOTICED THAT THE REG ISTRY HAS ISSUED NOTICES TO ALL THE PARTIES BY RPAD BUT DESPITE THIS NEITHER THE ASSESS EES NOR THEIR REPRESENTATIVES APPEARED NOR FILED ANY APPLICATION FOR ADJOURNMENT. THEREFO RE WE PROCEED TO DECIDE THESE CASES EX-PARTE ASSESSEES. 9. WE HAVE HEARD THE LEARNED DR AND PERUSED THE MAT ERIAL AVAILABLE ON RECORD WITH US ESPECIALLY THE ORDERS PASSED BY THE REVENUE AUTHORITIES AND WE ARE OF THE VIEW THAT THE LD. FIRST APPELLATE AUT HORITY HAS DECIDED THE ISSUES IN DISPUTE RELATING TO EXCISE DUTY REFUND AND INTER EST SUBSIDY IN FAVOUR OF THE ASSESSEE BY RESPECTFULLY FOLLOWING THE DECISION OF THE JURISDICTIONAL HIGH COURT OF J & K IN THE CASE OF SHREE BALAJI ALLOYS V . CIT AND ANOTHER REPORTED IN (2011) 333 ITR 335 (J&K) WHEREIN THE HONBLE HIGH COURT HAS HELD THAT THE EXCISE DUTY REFUND IS TO BE TREATED A S CAPITAL RECEIPT AND NOT LIABLE TO BE TAXED. BOTH THE ISSUES INVOLVED IN T HE PRESENT APPEALS ARE SIMILAR WHICH THE HONBLE HIGH COURT HAS DECIDED I N FAVOUR OF THE ASSESSEE IN THE AFORESAID CASE. NO OTHER POINT HAS BEEN EST ABLISHED AND ARGUED BY THE LD. DR FOR DISTINGUISHING THE DECISION OF THE HONB LE JURISDICTIONAL HIGH COURT IN THE CASE OF SHREE BALAJI ALLOYS V. CIT A ND ANOTHER (SUPRA). THEREFORE KEEPING IN VIEW THE FACTS AND CIRCUMSTAN CES OF THE PRESENT CASE AND THE ISSUES IN DISPUTE AS WELL AS THE ORDER PASS ED BY THE JURISDICTIONAL HIGH COURT IN THE CASE OF SHREE BALAJI ALLOYS V. CIT AND ANOTHER (SUPRA) WE ARE OF THE VIEW THAT THE LD. FIRST APPELLATE AUT HORITY HAS PASSED A WELL 6 REASONED ORDER BY FOLLOWING THE AFORESAID DECISION OF THE JURISDICTIONAL HIGH COURT WHICH REQUIRES NO INTERFERENCE. ACCORDI NGLY WE DISMISS ALL THE APPEALS FILED BY THE REVENUE BY UPHOLDING IMPUGNED ORDERS OF THE LD. CIT(A). 3. IN THE RESULT ALL THE SIX APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28TH OCTOBER. 2013. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28TH OCTOBER 2013 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEES: 2. THE DCIT CIRCLE-1 JAMMU/ITO WARD 1(2) & 1(3) JA MMU 3. THE CIT(A) JAMMU 4. THE CIT JAMMU 5. THE SR DR ITAT AMRITSAR. TRUE COPY BY ORDER 7