ACIT, Trichy v. M/s. Heritage Clothing Inc.,, Karur

MA 172/CHNY/2010 | 2004-2005
Pronouncement Date: 09-09-2011 | Result: Allowed

Appeal Details

RSA Number 17221724 RSA 2010
Assessee PAN AACPH1637E
Bench Chennai
Appeal Number MA 172/CHNY/2010
Duration Of Justice 9 month(s) 17 day(s)
Appellant ACIT, Trichy
Respondent M/s. Heritage Clothing Inc.,, Karur
Appeal Type Miscellaneous Application
Pronouncement Date 09-09-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted C
Tribunal Order Date 09-09-2011
Date Of Final Hearing 09-09-2011
Next Hearing Date 09-09-2011
Assessment Year 2004-2005
Appeal Filed On 22-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI (BEFORE SHRI HARI OM MARATHA JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE ACCOUNTANT MEMBER) .. M.P. NO. 172/MDS/2010 (IN I.T.A. NO. 1846/MDS/2008) ASSESSMENT YEAR : 2004-05 THE ASST. COMMISSIONER OF INCOME TAX CIRCLE-II RANGE-II TIRUCHIRAPPALLI. (PETITIONER) V. M/S.HERITAGE CLOTHING INC. 33/53 C-3 IIRD CROSS KAMARAJAPURAM NORTH KARUR. PAN : AACPH 1637 E (RESPONDENT) PETITIONER BY : SHRI SHAJI P JACOB SR. DR RESPONDENT BY : SHRI QUADIR HOSEYN LAWYER DATE OF HEARING : 09.09.11 DATE OF PRONOUNCEMENT : 09.09.11 O R D E R PER ABRAHAM P. GEORGE ACCOUNTANT MEMBER : THROUGH THIS MISCELLANEOUS APPLICATION IT HAS BE EN CANVASSED THAT THE BENCH HAS DECIDED THE ISSUE VIDE ORDER DAT ED IN THE CAPTIONED CASE REGARDING DEDUCTION U/S.80HHC ON DE PB BY FOLLOWING THE DECISION OF SPECIAL BENCH IN THE CASE OF TOPMAN EXPORTS REPORTED IN 318 ITR (AT) 87 THE RATIO OF W HICH DECISION HAS SUFFERED SCRUTINY OF HONBLE MUMBAI HIGH COURT AND HAS SINCE BEEN M.P. NO. 172/MDS/10 M/S.HERITAGE CLOTHING INC. 2 REVERSED. IN THE LIGHT OF THAT DECISION OF HONBLE BOMBAY HIGH COURT RENDERED IN THE CASE OF C.I.T. VS.KALPATARU COLOURS AND CHEMICALS REPORTED IN 328 ITR 451 WE ARE OF THE CONSIDERED V IEW THAT THERE IS A RECTIFIABLE MISTAKE IN THE TRIBUNAL ORDER DATED 9 TH OCTOBER 2009. SINCE WE HAVE ONLY RESTORED THE ISSUE IN QUESTION T O THE FILE OF THE ASSESSING OFFICER TO DECIDE THE ISSUE IN THE LIGHT OF TOPMAN EXPORTS WHICH IS NO LONGER A GOOD LAW WE MODIFY OUR ORDER TO THE EXTENT THAT THE ASSESSING OFFICER SHALL DECIDE THE ISSUE AFRESH IN THE LIGHT OF THE PRESENT LEGAL POSITION OBTAINING ON THE ISSUE PART ICULARLY IN VIEW OF THE DECISION OF THE HONBLE BOMBAY HIGH COURT (SUPR A). WITH THAT OBSERVATION WE MODIFY THE TRIBUNAL ORDER IN QUESTIO N AND ALLOW THE MISCELLANEOUS PETITION TO THAT EXTENT. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE 9 TH DAY OF SEPTEMBER 2011. SD/- SD/- ( HARI OM MARATHA) (ABRAHAM P. GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMB ER CHENNAI DATED THE 9TH SEPTEMBER 2011. K S SUNDARAM. COPY TO: (1) PETITIONER 4.CIT (2) RESPONDENT 5.D.R. (3) CIT(A) 6. GUARD FILE