Income Tax Appellate Tribunal - Chennai
Ge Converteam Edc Private Limited, ... vs Acit, Chennai on 6 July, 2018
आयकर अपील य अ
धकरण, 'डी' यायपीठ, चे नई
IN THE INCOME TAX APPELLATE TRIBUNAL
' D' BENCH : CHENNAI
ी जॉज माथन, या यक सद
य के सम
एवं एस जयरामन, लेखा सद
य
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI
S.JAYARAMAN, ACCOUNTANT MEMBER
M.P. No.223/CHNY/2017
( I.T.A.No.973/CHNY/2014
Assessment year : 2009-10)
M/s.GE Power Conversion India Vs. Assistant Commissioner of
Pvt Ltd., Income Tax,
(Formerly known as GE Converteam Company Circle 1(3),
EDC Pvt Ltd.,) Chennai -34.
29(SP) 2nd floor, Ramnath Towers,
Ekkaduthangal,
Thiru Vi KA Industrial Estate, Guindy,
Chennai 600 032.
[PAN AADCC 1026 E ]
(अपीलाथ /Appellant) ( यथ /Respondent)
अपीलाथ क ओर से/ Appellant by : Mr.Sriram Seshadri,
यथ क ओर से /Respondent by : Mr.AR.V.Sreenivasan,JCIT,D.R
सन
ु वाई क तार!ख/Date of Hearing : 06-07-2018
घोषणा क तार!ख /Date of Pronouncement : 06-07-2018
आदे श / O R D E R
PER GEORGE MATHAN, JUDICIAL MEMBER
MP No.223/CHNY/2017 is a Miscellaneous Petition filed by the Assessee against the Order of the Tribunal in ITA No.973/CHNY/2014 dated 25.01.2017.
:- 2 -: MP No.223/CHNY/2017
2. Mr.Sriram Seshadri represented on behalf of the Assessee and Mr.AR.V.Sreenivasan represented on behalf of the Revenue.
3. It was submitted by ld.A.R that the Tribunal has not adjudicated the issue of deduction u/s.10B of the Act raised in ground Nos.2 & 3 of assessee's appeal. It was a submission that even though submission had been placed, no finding has been given. It was argued by ld.A.R that the issue was squarely covered by the decision of Co- ordinate Bench of this Tribunal in assessee's own case for immediately preceding assessment year in ITA No.1237/Mds./2013 dated 27.08.2013 wherein in pargraph-7, the issue had been restored to the file of ld. Assessing Officer for re-adjudication.
4. In reply, ld.D.R opposed the submissions of the assessee in its Miscellaneous Petition.
5. We have considered the rival submissions. We have perused the material on record, as also the file in respect of the appeal cited supra. A perusal of the grounds of appeal filed by the assessee in ITA No.973/CHNY/2014 shows that there is a noting in the grounds of appeal that certificate has been filed only before the DRP, and :- 3 -: MP No.223/CHNY/2017 consequently the issue was liable to be restored to the file of ld. Assessing Officer for re-adjudication. A perusal of the Order of Tribunal also shows that the issue has not been adjudicated by Co-ordinate Bench of this Tribunal. Consequently, as it is noticed that there is an error in the Order of Tribunal, the Order of Tribunal is modified to include the deduction in respect of the ground Nos.2 & 3 of the assessee's appeal in respect of denial of deduction u/s.10B of the Act. It is noticed that the issue has already been adjudicated by the Co-ordinate Bench of this Tribunal in assessee's own case for assessment year 2008-09 being the immediately preceding assessment year, wherein the Co-ordinate Bench of this Tribunal has in para-9 held as follows:-
"9. We have heard both sides, perused the material on record and have also gone through the orders of authorities below. In first appeal before the Ld.CIT(A), the assessee had raised an alternative ground for deduction u/s.10A, which was not adjudicated by him. In view of the decision of the Hon'ble Delhi High Court in the case of CIT Vs. Valiant Communications Ltd., (in ITA Nos.200/2010, 438 to 441 /2012 vide order dated 04.01.2013), we set aside the order passed by the Ld.CIT(A) and remit the matter back to him to consider the claim of the assessee u/s.10A of the Act. We also direct the ld.CIT(A) to consider all other consequential issues after considering grant of deduction u/s.10A of the Act."
:- 4 -: MP No.223/CHNY/2017 In these circumstances, respectfully following the decision of the Co-ordinate Bench of this Tribunal in assessee's own case, this issue is restored to the file of ld. Assessing Officer with identical findings.
6. In the result, Miscellaneous Petition filed by the assessee is allowed.
Order pronounced in the open court after conclusion of hearing on 06th July, 2018, at Chennai.
Sd/- Sd/-
(एस जयरामन) ( जॉज माथन)
(S. JAYARAMAN) (GEORGE MATHAN)
लेखा सद$य/Accountant Member या%यक सद$य/JUDICIAL MEMBER
चे नई/Chennai
'दनांक/Dated: 06th July, 2018.
K S Sundaram
आदे श क त*ल+प अ,े+षत/Copy to:
1. अपीलाथ /Appellant 3. आयकर आयु-त (अपील)/CIT(A) 5. +वभागीय त न2ध/DR
2. यथ /Respondent 4. आयकर आयु-त/CIT 6. गाड5 फाईल/GF