ITO, New Delhi v. Damco Solution Pvt. Ltd., New Delhi

ITA 709/DEL/2010 | 2006-2007
Pronouncement Date: 23-04-2010 | Result: Dismissed

Appeal Details

RSA Number 70920114 RSA 2010
Assessee PAN AABCD1449A
Bench Delhi
Appeal Number ITA 709/DEL/2010
Duration Of Justice 2 month(s) 6 day(s)
Appellant ITO, New Delhi
Respondent Damco Solution Pvt. Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 23-04-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 23-04-2010
Date Of Final Hearing 20-04-2010
Next Hearing Date 20-04-2010
Assessment Year 2006-2007
Appeal Filed On 16-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI G.E.VEERABHADRAPPA VP AND SHRI H.S.SIDHU JM ITA NO.709/DEL/2010 ASSESSMENT YEAR 2006-07 INCOME TAX OFFICER VS. M/S DAMCO SOLUTIONS PVT. LTD. WARD-10(2) ROOM NO.199 E-46/8 OKHLA INDUSTRIAL AREA C.R. BUILDING NEW DELHI. PHASE-II NEW DELHI. PAN NO.AABCD1449A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANISH GUPTA DR. RESPONDENT BY : SHRI VAID JAIN CA. ORDER PER H.S. SIDHU JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-XIII NEW DELHI DATED 15.12.2009 FOR THE ASSESSMENT YEAR 2006-07. 2. FOLLOWING GROUNDS HAVE BEEN RAISED:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. CIT(A) ERRED IN :- (I) ALLOWING RELIEF U/S 10A BY IGNORING THE PROVISI ONS OF SECTION 80HHE(5) OF THE INCOME-TAX ACT 1961. THE FACT THA T THE ASSESSEE COMPANY HAD CLAIMED DEDUCTION U/S 80HHE FOR A.YS. 1 998-99 TO 2000-01 WAS IGNORED AND DEDUCTION U/S 10A WAS ERRON EOUSLY ALLOWED IN RELATION TO THE EXPORT PROFITS FOR A.Y. 2006-07. (II) ALLOWING DEDUCTION U/S 10A EVEN THOUGH THE COM PANY HAD NOT FULFILLED THE REQUISITE CONDITION AND BY NOT APPREC IATING THE FACT THAT ITA NO.709/DEL/2010 2 PERMISSION GIVEN BY STPI WAS CONDITIONAL AND CONDIT IONS WERE NOT FULFILLED BY THE ASSESSEE. 3. FACTS RELATING TO THE ISSUE ARE NOT DISPUTED BY BOTH THE PARTIES AND THEREFORE NEED NOT BE NARRATED TO AVOID REPETITION . 4. AT THE TIME OF HEARING THE LD. AUTHORIZED REPRE SENTATIVE OF THE ASSESSEE SUBMITTED THAT THE ISSUE IN DISPUTE HAS ALREADY BEE N DECIDED IN FAVOUR OF THE ASSESSEE BY THE ITAT DELHI BENCH-E NEW DELHI VIDE ORDER DATED 23.3.2007 IN I.T.A.NO.3915/DEL/04 FOR THE ASSESSMENT YEAR 2001-0 2 IN ASSESSEES OWN CASE. A COPY OF THE ORDER WAS ALSO PLACED ON RECORD AND A C OPY GIVEN TO THE LD. DEPARTMENTAL REPRESENTATIVE. THE LD. AUTHORIZED RE PRESENTATIVE SUBMITTED THAT EXACTLY SIMILAR GROUNDS AS RAISED IN THE PRESENT AP PEAL HAVE BEEN RAISED BY THE REVENUE IN I.T.A.NO.3915/DEL/04 FOR THE ASSESSMENT YEAR 2001-02. ACCORDINGLY IT WAS PRAYED THAT THE APPEAL FILED BY THE REVENUE BE DISMISSED. 5. THE LD. D.R. ON THE OTHER HAND RELIED UPON THE ORDER PASSED BY THE ASSESSING OFFICER. 6. WE HAVE HEARD BOTH THE PARTIES AND HAVE CAREFULL Y GONE THROUGH THE RECORDS AVAILABLE WITH US ESPECIALLY THE IMPUGNED ORDER AL ONG WITH THE ORDER PASSED BY THE ITAT DELHI BENCH-E NEW DELHI DATED 23.3.2007 IN ASSESSEES OWN CASE IN I.T.A.NO.3915/DEL/04 FOR THE ASSESSMENT YEAR 2001-0 2. WE FIND THAT EXACTLY SIMILAR ISSUE HAS BEEN DECIDED IN FAVOUR OF THE ASS ESSEE BY THE TRIBUNAL IN ITA NO.709/DEL/2010 3 ASSESSEES OWN CASE. AFTER GOING THROUGH THE PROVI SIONS OF SECTION 10A OF THE INCOME-TAX ACT 1961 WE ARE OF THE CONSIDERED OPIN ION THAT ASSESSEE-COMPANY HAS FULFILLED ALL THE CONDITIONS FOR EXEMPTION U/S 10A OF THE INCOME-TAX ACT. NOTHING WAS BROUGHT ON RECORD BY THE DEPARTMENT THA T ANY OF THE CONDITIONS MENTIONED IN SECTION 10A OF THE ACT WAS NOT COMPLIE D WITH. THE LD. FIRST APPELLATE AUTHORITY HAS PASSED THE IMPUGNED ORDER BY FOLLOWIN G THE AFORESAID ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2001-02. KEEPING THESE FACTS IN VIEW WE FIND NO JUSTIFICATION TO INTERFER E WITH THE WELL-REASONED ORDER PASSED BY THE LD. FIRST APPELLATE AUTHORITY. THE O RDER OF LD. FIRST APPELLATE AUTHORITY IS ACCORDINGLY UPHELD. 7. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.4.2010. SD/- SD/- (G.E.VEERABHADRAPPA) (H.S.SIDHU) VICE PRESIDENT JUDICIAL MEMBER DATED : 23.04.2010. VSK COPY FORWARDED TO: - 1. APPELLANT-REVENUE 2. RESPONDENT-ASSESSEE 3. CIT 4.CIT(A) 5. DR ITAT DEPUTY REGISTRAR ITA NO.709/DEL/2010 4