M/s. Mittal Overseas, New Delhi v. ACIT, New Delhi

ITA 5847/DEL/2011 | 2002-2003
Pronouncement Date: 29-02-2012 | Result: Dismissed

Appeal Details

RSA Number 584720114 RSA 2011
Assessee PAN AAFFM1985R
Bench Delhi
Appeal Number ITA 5847/DEL/2011
Duration Of Justice 2 month(s)
Appellant M/s. Mittal Overseas, New Delhi
Respondent ACIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 29-02-2012
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 29-02-2012
Date Of Final Hearing 29-02-2012
Next Hearing Date 29-02-2012
Assessment Year 2002-2003
Appeal Filed On 29-12-2011
Judgment Text
ITA NO. 5847/DEL/2011 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E NEW DELHI BEFORE SHRI A.D. JAIN JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER I.T.A. NO. 5847/DEL/2011 A.Y. : 2002-03 M/S MITTAL OVERSEAS C/O M/S RRA TAXINDIA D-28 SOUTH EXTENSION PART-I NEW DELHI 110049 (PAN: AAFFM1985R) VS. ASSTT. COMMISSIONER OF INCOME TAX PANIPAT CIRCLE PANIPAT (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSESSEE BY : SH. TARUN KUMAR ADV. DEPARTMENT BY : SH. R.S. NEGI SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 12.10. 2010 PERTAINING TO ASSESSMENT YEAR 2002-03. 2. THE GROUNDS RAISED READ AS UNDER:- (I) THAT HAVING REGARD TO THE FACTS AND CIRCUMSTAN CES OF THE CASE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS IN PASSING THE ORDER U/S. 154 E VEN THOUGH THERE WAS NO ERROR APPARENT FROM THE RECORD . (II) THAT HAVING REGARD TO THE FACTS AND CIRCUMSTAN CES OF THE CASE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS E RRED IN LAW AND ON FACTS IN DISALLOWING THE DEDUCTION U/ S 80IB IN ITA NO. 5847/DEL/2011 2 RESPECT OF PURPORTED EXPORT INCENTIVES EVEN THOUGH ASSESSEE WAS SUPPORTING MANUFACTURER. (III) THAT IN ANY CASE AND ANY VIEW OF THE MATTER ACTION OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) IN PASSING THE IMPUGNED ORDER U/S. 154 AND DISALLOWING THE CLAIM U/S . 80IB IN RESPECT OF PURPORTED EXPORT INCENTIVES IN BAD I N LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. (IV) THAT THE APPELLANT CRAVES THE LEAVE TO ADD MOD IFY AMEND OR DELETE ANY OF THE GROUNDS OF APPEAL AT THE TIME OF HEARING AND ALL THE ABOVE GROUNDS ARE WITHOUT PREJ UDICE TO EACH OTHER. 3. AT THE THRESHOLD IN THIS CASE LD. COUNSEL OF T HE ASSESSEE SUBMITTED IN THIS REGARD THAT ASSESSEES APPEAL HAS BECOME INFRUCTUOUS. IT WAS POINTED OUT THAT IN REVENUES APPEAL FOR THE SAME YEAR THE TRIBUNAL HAD SET ASIDE THE ORDER OF THE L D. COMMISSIONER OF INCOME TAX (APPEALS) AND RESTORED THE ORDER OF THE ASSESSING OFFICER AND THUS ALLOWED THE REVENUES APPEAL. IN THIS VIE W OF THE MATTER LD. COUNSEL OF THE ASSESSEE CONCEDED THAT THE ASSESSEE S APPEAL HAS BECOME INFRUCTUOUS. 4. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS. WE FIND THAT ASSESSEES APPEAL HAS BECOME INFRUCTUOUS AND THE SAME IS DISMISSED AS SUCH. 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ITA NO. 5847/DEL/2011 3 ORDER PRONOUNCED IN THE OPEN COURT ON 29/2/2012 U PON CONCLUSION OF HEARING. SD/- SD/- [A. [A. [A. [A.D. JAIN] D. JAIN] D. JAIN] D. JAIN] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 29/2/2012 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR ITAT TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT DELHI BENCHES