Patspin India Ltd, Ernakulam v. DCIT, Ernakulam

ITA 894/COCH/2008 | 2001-2002
Pronouncement Date: 13-05-2010

Appeal Details

RSA Number 89421914 RSA 2008
Bench Cochin
Appeal Number ITA 894/COCH/2008
Duration Of Justice 1 year(s) 6 month(s) 22 day(s)
Appellant Patspin India Ltd, Ernakulam
Respondent DCIT, Ernakulam
Appeal Type Income Tax Appeal
Pronouncement Date 13-05-2010
Appeal Filed By Assessee
Bench Allotted DB
Tribunal Order Date 13-05-2010
Date Of Final Hearing 26-08-2010
Next Hearing Date 26-08-2010
Assessment Year 2001-2002
Appeal Filed On 22-10-2008
Judgment Text
I.T.A. NOS . 894 TO 896/COCH/2008 & 541/COCH/2 009 - PATSPIN INDIA LTD. REFERENCE U/S. 255(4) OF THE I.T. ACT 1961 IN MY CONSIDERED VIEW THE FOLLOWING QUESTIONS ARISE ON THE POINTS OF DIFFERENCE BETWEEN THE TWO MEMBERS PER THEIR SEPARATE ORDERS FOR REFERENCE TO THE HONBLE PRESIDENT INCOME TAX APPELLATE TRIBUNAL:- I) WHETHER THE CIT (APPEALS) WAS CORRECT IN HOLDI NG THAT THE ISSUE AGITATED VIDE GROUND NO. 1 OF ITS APPEALS FOR ASSESSEMENT YEAR 2 001-02 2002-03 AND 2004-05 BY THE ASSESSEE STANDS COVERED BY THE ORDER OF REV ISION U/S. 263 BY THE COMMISSIONER OF INCOME-TAX FOR THOSE YEARS? II) WHETHER THE ASSESSEE IS ON MERITS ELIGIBLE FO R ITS CLAIM OF DEPRECIATION ALLOWANCE QUA ITS ELIGIBLE UNDERTAKING UNIT A FOR AYS 1994-95 TO 19 96-97 TO THE EXTENT UNABSORBED IN THE COMPUTATION OF INCOME FOR THOSE YEARS AGAINST ITS TAXABLE INCOME FOR THE ASSESSMENT YEARS 2001-02 20 02-03 AND 2004-05 IN VIEW OF SECTION 10B (6) R.W.S 32(2) OF THE INCOME TAX AC T 1961? III) WHETHER THE ASSESSEE IS ELIGIBLE FOR ITS CLAIM OF DEPRECIATION ALLOWANCE QUA ITS ELIGIBLE UNDERTAKINGS UNIT A AND UNIT B FOR A.Y. 1994-95 TO 1996-97 AND A.Y. 1997-98 RESPECTIVELY TO THE EXTENT UNABSORBED IN T HE COMPUTATION OF INCOME FOR THE RELEVANT YEARS AGAINST ITS TAXABLE INCOME FOR A.Y. 2006-07 IN VIEW OF SECTION 10B (6) R.W.S 32(2) OF THE ACT? SD/ - (SANJ AY ARORA) ACCOUNTAN T MEMBER ITAT COC HIN BENCH PLACE: ERNAKULAM DATE: MAY 13 2010 GJ ITA. NOCOCH./200 2