HEMANTKUM,AR R . GODARA ( PROP MS., MASTER METALS), MUMBAI v. DCIT 15(1), MUMBAI

ITA 5856/MUM/2010 | 2006-2007
Pronouncement Date: 30-09-2011 | Result: Allowed

Appeal Details

RSA Number 585619914 RSA 2010
Assessee PAN AEEPG4083M
Bench Mumbai
Appeal Number ITA 5856/MUM/2010
Duration Of Justice 1 year(s) 2 month(s) 9 day(s)
Appellant HEMANTKUM,AR R . GODARA ( PROP MS., MASTER METALS), MUMBAI
Respondent DCIT 15(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted H
Tribunal Order Date 30-09-2011
Assessment Year 2006-2007
Appeal Filed On 21-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI R.S. SYAL A.M. AND SHRI V. DURGA RAO J.M. ITA NO. 5856/MUM/2010 ASSESSMENT YEAR : 2006-07 HEMANTKUMAR R. GODARA APPELLANT C/O RI JAIN & CO. 1858 BLDG. NO. 34 KHER NAGAR NEAR PF OFFICE BANDRA (E) MUMBAI 400 051 (PAN AEEPG4083M) VS. DY. COMMISSIONER OF INCOME TAX-15(1) RESPONDE NT MUMBAI. APPELLANT BY : MR. V.V. SHASTRI RESPONDENT BY : MR. DHARMESH SHAH DATE OF HEARING : 19/09/2011 DATE OF PRONOUNCEMENT : ORDER PER V. DURGA RAO J.M.: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER OF CIT(A)- 26 MUMBAI PASSED ON 24/06/2010 FOR THE ASSESSMENT YEAR 2006-07 WHEREIN THE ASSESSEE HAS RAISED THE FO LLOWING GROUNDS OF APPEAL:- 1. THE LEARNED CIT(A) ERRED IN CONFIRMING THE DISAL LOWANCE OF LEGITIMATE DEDUCTION U/S 80IB OF RS. 24 34 178/-. 2. THE LEARNED CIT(A) ERRED IN BY TOTALLY RELYING O N EARLIER YEAR ORDER AND NOT EXAMINING FRESH EVIDENCE SUBMITTED BY THE ASESSSEE. 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT TH E ASESSSEE IS AN INDIVIDUAL AND ENGAGED IN THE BUSINESS OF MANUFACTU RING AND TRADING OF STAINLESS UTENSILS. DURING THE YEAR THE ASSESSEE HAD SHOWN RS. 24 33 676/- NET PROFIT FROM SUCH BUSINESS. THE AO N OTICED THAT THE ITA NO. 5856 /MUM/2010 HEMANTKUMAR R. GODARA 2 ASSESSEE HAD CLAIMED DEDUCTION OF RS. 24 23 178/- U /S 80IB OF THE ACT. THE AO NOTED THAT THE ASSESSEE FURNISHED VERY LITTLE MATERIAL DURING THE COURSE OF ASSESSMENT. HE FURTHER NOTED T HAT THE ORDER OF THE AO IN DENYING THE CLAIM FOR AY 2004-05 HAD BEEN CONFIRMED BY THE CIT(A). THE AO THEREFORE HELD THAT THE DEDUCT ION U/S 80IB WAS NOT ALLOWED TO THE ASSESSEE SINCE BEGINNING I.E. FR OM AY 2002-03. THE UNIT BEING THE SAME FOR SUBSEQUENT YEARS THE QUES TION OF ALLOWABILITY OF THE DEDUCTION FOR THE SUBSEQUENT YE ARS DOES NOT ARISE. HE THEREFORE DISALLOWED THE CLAIM OF DEDUCTION U/ S 80IB FOR AN AMOUNT OF RS. 24 34 178/-. ON APPEAL THE CIT(A) CO NFIRMED THE ACTION OF THE AO. STILL AGGRIEVED THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 3. THE LEARNED COUNSEL FOR THE ASSESSEE CANVASSED T HAT THE ISSUE UNDER CONSIDERATION IS COVERED BY THE DECISIONS OF THE ITAT IN ASSESSEES OWN CASE FOR AY 2003-04 TO 2005-06. ON T HE OTHER HAND THE LEARNED DR HAS NOT CONTROVERTED TO THE SUBMISSI ONS OF THE LEARNED COUNSEL. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE P ARTIES AND PERUSED THE RECORD AND GONE THROUGH THE ORDERS OF T HE AUTHORITIES BELOW. WE FIND THAT THE ISSUE IN DISPUTE IS COVERED BY THE DECISIONS OF CO-ORDINATE BENCHES IN ASSESSEES OWN CASES FROM AY 2003-04 TO 2005-06 AND THE COPIES OF THE ORDERS ARE AVAILABLE ON RECORD. IN AY 2005-06 THE CO-ORDINATE BENCH IN ASSESSEES OWN CA SE IN ITA NO. 5600/MUM/2009 VIDE ITS ORDER DATED 6 TH OCTOBER 2011 HELD AS UNDER:- 6. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D THAT THE AO WHILE DENYING THE CLAIM OF THE ASSESSEE FOR DEDU CTION U/S 80 IB HAS RELIED ON THE FINDINGS OF THE AO IN AY 2003- 04. SINCE THESE FINDINGS WHICH WERE CONFIRMED BY THE CIT(A) H AS ALREADY BEEN SET ASIDE BY THE TRIBUNAL THE CIT(A) WAS NOT RIGHT IN RELYING ON THESE FINDINGS WHILE UPHOLDING THE REJECTION OF CLAIM FOR DEDUCTION U/S 80IB OF THE ACT. ACCORDINGLY WE SET ASIDE THE ORDER OF THE CIT(A) AND REMAND THE ISSUE TO THE AO FOR FRESH ITA NO. 5856 /MUM/2010 HEMANTKUMAR R. GODARA 3 CONSIDERATION ON THE LINES INDICATED BY THE TRIBUNA L IN ITS ORDER FOR AY 2003-04. 5. SINCE THE ISSUE IN DISPUTE IS IDENTICAL TO THAT OF ASSESSMENT YEARS 2003-04 TO 2005-06 WE RESPECTFULLY FOLLOW TH E DECISION OF THE TRIBUNAL IN THOSE YEARS AND IN THE LIGHT OF THAT WE SET ASIDE THE ORDER OF THE CIT(A) AND REMIT THE MATTER BACK TO THE FILE OF THE AO FOR FRESH CONSIDERATION ON THE LINES INDICATED BY THE TRIBUNA L IN ITS ORDER FOR AY 2003-04. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF SEPTEMBER 2011. SD/- SD/- (R.S. SYAL) ( V. DURGA RAO) ACCOUNTANT MEMBER JUDI CIAL MEMBER MUMBAI DATED: 30 TH SEPTEMBER 2011 KV COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE H BENCH I.T .A.T. MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR I.T.A.T. MUMBAI.