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10-07-2019, Bnal Prefab, Section 250(6), 14A, Tribunal Chandigarh

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1 week 21 hours ago #10038 by amit
Section - 250(6), 14A, 36(l)(iii), 80IC
Order Date - 10-07-2019
Favouring - Assessee Partly
Court - Tribunal Chandigarh
Appellant - Bnal Prefab Pvt Limited
Respondent - DCIT
Justice - N.K. SAINI VP & SANJAY GARG JM
Citation - 719Taxpundit132
Appeal No. - ITA No. 1184/CHD/2018
Asstt. Year - 2013-14

Order

PER : Sanjay Garg

The present appeal has been preferred by the assessee against the order dated 16.07.2018 of the Commissioner of Income Tax (Appeals)-4, Ludhiana [hereinafter referred to as CIT(A)].

2. The assessee in this appeal has taken following grounds of appeal:-

1. That the order passed under section 250(6) by the Learned Commissioner of Income Tax (Appeals)-4, Ludhiana in Appeal No.16/ROT(290)CHD/IT/CIT(A)-4/LDH/2015-16 dated 16.07.2018 is contrary to law and facts of the case.

2. That in the facts and circumstances of the case, the Id. Commissioner of Income Tax (Appeals) gravelly erred in upholding the action of the Id. Assessing Officer who had made disallowance of Rs. 84,248/- by invoking the provisions of Section 14A of the Income Tax Act, 1961.

3. That in the facts and circumstances of the case, the Id. Commissioner of Income Tax (Appeals) gravelly erred in upholding the action of the Id. Assessing Officer who had made disallowance of Rs. 2,65,573/-by invoking the provisions of Section 36(l)(iii) of the Income Tax Act, 1961.

4. That in the facts and circumstances of the case, the Id. Commissioner of Income Tax (Appeals) gravelly erred in upholding the action of the Id. Assessing Officer who had disallowed deduction under Section 80IC on miscellaneous income of Rs. 2,81,825/-.

5(a). That in the facts and circumstances of the case, the Id. Commissioner of Income Tax (Appeals) gravelly erred in upholding the action of the Id. Assessing Officer who had made addition of Rs. 10,44,833/- by allowing the deduction under section 80IC of the Income Tax Act, 1961 @ 30% as against 100% claimed by the appellant.

(b) That in the facts and circumstances of the case, the Id. Commissioner of Income Tax (Appeals) gravelly erred in ignoring the judgment of Hon'ble Himachal Pradesh High Court in the case of M/s Stovekraft India vs. Commissioner of Income Tax. Even after judgment of Hon'ble Himachal Pradesh High Court in the case of M/s Stovekraft India, the Ld CIT (Appeals) applied the judgment of Hon'ble Chandigarh Bench in M/s Hycron Electronics vs. Income Tax Officer, which has been reversed by the Hon'ble Himachal Pradesh High Court.

3. A perusal of the above grounds of appeal reveal that vide ground No.5, the assessee has claimed deduction u/s 80IC of the Income Tax Act, 1961 (in short 'the Act') @ 100% of the eligible profits as against 30% allowed by the Assessing Officer. The other grounds relating to disallowance made by the Assessing Officer have the effect of enhancing the income of the assessee, however, if the income of the assessee is found to be eligible for deduction @ 100% u/s 80IC of the Act, the consequential addition made on these issues by the Assessing Officer and further contested by the assessee vide ground Nos. 2 to 4 of the appeal will otherwise become eligible for deduction @ 100%, hence, the ground Nos. 2 to 4 of the appeal will become infructuous. So, we take up firstly the ground No.5 for adjudication.

4. Ground No.5: Both the Ld. Representatives of the parties have submitted that the facts and issue relating to ground No.5 are covered by the decision of the Tribunal in the own case of the assessee for earlier assessment year. The issue relating to eligibility of claim u/s 80IC of the Income Tax Act, 1961 (in short 'the Act') @ 100% of the profits from eligible business of the assessee on account of substantial expansion undertaken after availing 100% deduction of the profits for the first five years has been adjudicated by the Tribunal vide order dated 13.5.2019 passed in ITA No. 1268/Chd/2018 for assessment year 2011-

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