Sun Pharmaceuticals Industries Ltd.,, Baroda v. The Asstt. Commissioner of Income Tax, Central Circle-1,, Baroda

MA 156/AHD/2016 | 2004-2005
Pronouncement Date: 24-10-2016 | Result: Allowed

Appeal Details

RSA Number 15620524 RSA 2016
Assessee PAN AADCS3124K
Bench Ahmedabad
Appeal Number MA 156/AHD/2016
Duration Of Justice 2 month(s) 1 day(s)
Appellant Sun Pharmaceuticals Industries Ltd.,, Baroda
Respondent The Asstt. Commissioner of Income Tax, Central Circle-1,, Baroda
Appeal Type Miscellaneous Application
Pronouncement Date 24-10-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 24-10-2016
Assessment Year 2004-2005
Appeal Filed On 22-08-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER AND SHRI S.S. GODARA JUDICIAL MEMBER MA NOS. 154 & 156/AHD/2016 (ARISING OUT OF ITA NOS. 1701/AHD/2007 & 1287/AHD/2 008) / ASSESSMENT YEAR : 2003-04 & 2004-05 SUN PHARMACEUTICALS INDUSTRIES LTD. SPARC TANDALJA BARODA PAN : AADCS 3124 K VS ACIT CENTRAL CIRCLE-1 BARODA / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI PARIN SHAH AR REVENUE BY : SHRI PRASOON KABRA SR DR / DATE OF HEARING : 21/10/2016 / DATE OF PRONOUNCEMENT: 24/10/2016 / O R D E R PER N.K. BILLAIYA ACCOUNTANT MEMBER: THESE MISCELLANEOUS APPLICATION NOS. 154/AHD/2016 AND 156/AHD/2016 ARE ARISING OUT OF THE ORDER OF THE TR IBUNAL IN ITA NOS. 1701/AHD/2007 AND 1287/AHD/2008 RESPECTIVELY. BOTH THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE ASSESSEE. THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. MA NO.154/AHD/2016 2. IT HAS BEEN BROUGHT TO THE NOTICE OF THE TRIBUNA L THAT WHILE ADJUDICATING GROUND NO.5 A RECTIFIABLE MISTAKE HAS BEEN OCCURRED IN THE FINDINGS OF THE TRIBUNAL AND THE SAME NEED TO BE RE CTIFIED. 3. GROUND NO.5 RELATES TO NOT TREATING THE INTER UN IT SALES AS TURNOVER FOR COMPUTING DEDUCTION U/S 80HHC OF THE ACT. THE FIRS T APPELLATE AUTHORITY HAS DECIDED THIS ISSUE IN FAVOUR OF THE ASSESSEE AN D THE REVENUE WAS IN APPEAL BEFORE THE TRIBUNAL. THE TRIBUNAL CONCURRED WITH THE FINDINGS GIVEN MA NOS. 154 & 156/AHD/2016 SUN PHARMA IND. LTD VS. ACIT AYS : 2003-04 & 2004-05 2 BY THE CIT(A); HOWEVER WHILE ADJUDICATING THE GRIE VANCE OF THE REVENUE DUE TO OVERSIGHT IT HAS BEEN MENTIONED THAT GROUN D NO.5 IS ACCORDINGLY ALLOWED. THE SAME SHOULD BE READ AS GROUND NO.5 IS ACCORDINGLY DISMISSED. MA NO.154/AHD/2016 IS ACCORDINGLY ALLOWED. MA NO.156/AHD/2016 4. IT HAS BEEN BROUGHT TO THE NOTICE OF THE TRIBUNA L THAT THE BENCH HAS DECIDED THE GROUND NO.7 RELATING TO GRANT OF DEDUCT ION U/S 80HHC WITHOUT INCLUDING INSURANCE CLAIM OF RS.74 86 392/- IN TOTAL TURNOVER. WE FIND THAT THIS GROUND IS COVERED BY GROUND NO.4 OF AY 2002-03 IN ITA NO.1558/AHD/2006. HOWEVER DUE TO INADVERTENCE IT HAS BEEN MENTIONED THAT THE SAME IS COVERED BY GROUND NO.9. RECTIFYIN G THE TYPOGRAPHICAL ERROR GROUND NO.9 SHOULD BE READ AS GROUND NO.4. MA IS ACCORDINGLY ALLOWED. 5. IN THE RESULT BOTH THE MISCELLANEOUS APPLICATIO NS ARE ALLOWED AS ABOVE. SD/- S D/- (S.S. GODARA) JUDICIAL MEMBER (N.K. BILLAIYA) ACCOUNTANT MEMBER AHMEDABAD; DATED 24/10/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. / DR ITAT AHMEDABAD 6. / GUARD FILE . / BY ORDER TRUE COPY / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD