Income Tax Appellate Tribunal - Ahmedabad
The Dy. Commissioner Of Income Tax, ... vs M/S. Go-Ish Remedies Limited,, ... on 1 November, 2018
आयकर अपील य अ धकरण, अहमदाबाद यायपीठ ''सी'' अहमदाबाद।
IN THE INCOME TAX APPELLATE TRIBUNAL
"C" BENCH, AHMEDABAD
BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER
AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER
आयकर अपील सं./ ITA No. 2064/Ahd/2016
नधारण वष/Assessment Year: 2009-10
The Dy. Commissioner of Vs. M/s. Go-ish Remedies Limited,
Income-tax, Baddi Nalagarh Road,
Circle-1(1)(1), Vadodara Village Kishanpura, Tehsil
Baddi, Himachal Pradesh
PAN : AABCG 8745 L
अपीलाथ / (Appellant) यथ / (Respondent)
Revenue by : Shri Lalit P Jain, Sr DR
Assessee by : Shri Anuj Tiwari, AR
सु न वा ई क! ता र ख/ Date
of Hearing : 15/10/2018
घोषणा क तार ख / Date of Pronouncement: 01/11/2018
आदे श/O R D E R
PER RAJPAL YADAV, JUDICIAL MEMBER:
The Revenue is in appeal before the Tribunal against the order of the learned CIT(A)-1, Vadodara dated 18.05.2016 passed for Assessment Year 2009-10.
2. The solitary grievance of the Revenue is that ld. CIT(A) has erred in allowing the deduction under section 80IC(2)(b) of the Income-tax Act.
3. The brief facts of the case are that the assessee has filed its return of income electronically on 27.09.2009 declaring total income at Rs.Nil. The assessment order was passed under section 143(3) of the Act on 22.12.2011 determining total income at Rs.76,704/- and income under section 115JB of the Act at Rs.57,23,690/-. At this stage, it is pertinent to ITA No. 2064/Ahd/2016 DCIT Vs Go-ish Remedies Ltd For AY: 2009-10 2 observe that the assessee had claimed deduction under section 80IC(2)(ii) at Rs. 60,00,021/-. This deduction was claimed on the ground that the undertaking is located in an area notified by the Board through notification no.1269 (E) dated 04.11.2003. This was allowed by the Assessing Officer; however, later on it was harbored that Khasra No.573 and 574, Village Kishanpura, Tehsil Nalgadh, Dist. Solan (HP) did not find mention in the said notification. Hence, it was wrongly granted to the assessee and, therefore, action under section 263 of the Act was taken up against the assessee. Learned Assessing Officer passed an assessment order on 25.03.2015 under section 143(3) r.w.s. 263 of the Act; whereby he disallowed the claim of the assessee.
4. On appeal, learned CIT(A) has allowed the claim by recording following findings:-
"4.3. I have considered the facts of the case, the appellant's submission and the AO's observations. In this case, the appellant, had made claim of deduction u/s.80IC(2)(a)(ii). The appellant was found not entitled for this deduction under this particular clause and accordingly despite the appellant's claim that it is eligible for deduction u/s.80IC(2)(b), the AO has disallowed the claim. A perusal of the assessment order itself shows that the appellant has fulfilled all the criteria for allowing of deduction u/s.80IC(2)(b). Further, from the perusal of assessment order u/s.!43(3) r.w.s.263 dated 15/03/2016 for AY.2010-11, it is seen that the AO has dropped the reassessment proceedings initiated in response to the setting aside of the original assessment order u/s.263 by stating as follows:-
"As per the direction of Hon'ble Pr.CIT, Vadodara-1, Vadodara, in his order u/s. 263 examination of the claim of the assessee under the provision of law was made. Further, nature of items produced as per the conditions laid down in the schedule 13th & 14th of the Act, was ascertained from Excise documents. After giving opportunity of being heard to the assessee, it was found that the assessee's contention is correct. The assessee is eligible for deduction under section 80IC(2)(b). There was a mistake in quoting section in form 10CCB, which should had been 80IC(2)(b), instead of 80IC(2)(a).ITA No. 2064/Ahd/2016
DCIT Vs Go-ish Remedies Ltd For AY: 2009-10 3 Hence, the assessment proceedings u/s.263 in view of the order u/s.263 dated 02/03/2015, passed by the Pr.CIT, Vadodara-1, Vadodara is hereby dropped."
4.4. Thus, the AO is also satisfied that the appellant is eligible for deduction u/s.80IC(2)(b), despite the mistake committed by Auditor in quoting section in Form No. 10CCB. Hence, in the current year also, the AO is directed to allow deduction u/s.80IC(2)(b) to the appellant."
5. With the assistance of learned representatives, we have gone through the record carefully. Before us, learned Counsel for the assessee placed on record copy of the assessment order dated 15.03.2016 passed in Assessment Year 2010-11 under section 143(3) r.w.s. 263 r.w.s. 153(3) of the Income-tax Act. In this assessment order, he recorded a finding that the assessee is entitled for deduction under section 80IC(2)(b) of the Act. According to the Assessing Officer, the assessee fulfilled all the necessary conditions. The learned CIT(A) has accepted this stand of the Assessing Officer in Assessment Year 2009-10 also. To our mind, Revenue should not have filed this type of appeals. Once the Assessing Officer is satisfied about the fulfillment of conditions on which deduction under section 80IC(2)(b) is admissible to the assessee, then while processing the file, the learned Administrative Commissioner should have looked into the record before approving filing of the appeal. With the above observations, we do not find any merits in this appeal. It is dismissed.
6. In the result, appeal is dismissed.
Order pronounced in the Court on 1st November, 2018 at Ahmedabad.
Sd/- Sd/-
(AMARJIT SINGH) (RAJPAL YADAV)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad; Dated 01/11/2018
Biju T., Sr.PS
ITA No. 2064/Ahd/2016
DCIT Vs Go-ish Remedies Ltd
For AY: 2009-10
4
आदे श क! &त'ल(प अ)े(षत/Copy
of the Order forwarded to :
1. अपीलाथ / The Appellant
2. यथ / The Respondent.
3. संब!ं धत आयकर आय#
ु त / Concerned CIT
4. आयकर आय#
ु त(अपील) / The CIT(A)
5. &वभागीय त न!ध, आयकर अपील य अ!धकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड फाईल / Guard file.
आदे शानुसार / BY ORDER,
TRUE COPY
उप/सहायक पंजीकार (Dy./Asstt.Registrar)
आयकर अपील य अ धकरण, अहमदाबाद/ ITAT, Ahmedabad
1. Date of dictation- 24.10.2018
2. Date on which the typed draft is placed before the Dictating Member ...24.10.2018 Other member ...01/11/2018................
3. Date on which the approved draft comes to the Sr.P.S./P.S. - ...01/11/2018....
4. Date on which the fair order is placed before the Dictating Member for Pronouncement ...01/11/2018..............
5. Date on which the file goes to the Bench Clerk...01/11/2018...............
6. Date on which the file goes to the Head Clerk..................................
7. The date on which the file goes to the Assistant Registrar for signature on the order..........................
8. Date of Despatch of the Order..................