Itta/365/2013 Of Commissioner Of Income Tax-Iii v. Sree Nidhi Secure Prints Private Limited

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE SRI JUSTICE K.C. BHANUI.T.T.A.No.365 of 2013 Date: 27-08-2013 Between: The Commissioner of Income Tax-IIIIT Towers, A.C. Guards,Masab Tank, Hyderabad. … Appellant And 1.Sree Nidhi Secure Prints Private Limited,D-31, Phase-I, I.D.A.,D-31, Phase-I, I.D.A., Jeedimetla, Hyderabad. … Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A.No.365 of 2013 JUDGMENT:(Per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. B. Narasimha Sarma, learned counsel forthe appellant, and have gone through the impugned judgment andorder of the learned Tribunal. This appeal is sought to be admitted on the following suggested question of law: “In the facts and circumstances of the case, whether the Tribunal(ITAT) is correct in law in holding that the Respondent-assesseeis eligible for the subject claim of deduction under Section 80IB ofthe Act, when the Respondent-assessee has not proved that the value of its assets was within the prescribed monetary limits to beeligible as a small scale industrial undertaking as on 31-03-2008?” It appears that the learned Tribunal, on the above question, came to the fact finding as follows: “Considering the aforesaid facts, it appears that the assesseesatisfies all the conditions to be regarded as small scaleundertaking under S.11B of the Industries (Development andRegulation) Act, 1951. The letter dated 19.10.2000 of theAdditional Development Commissioner, SSI relied upon by theLearned Departmental Representative only supports the claim ofthe assessee.” In view of the above fact finding, we do not find any element of law involved in this appeal for admission. The Appeal is, accordingly, dismissed. There will be noorder as to costs. Miscellaneous Petitions pending, if any, shallstand closed. _________________ K.J. SENGUPTA, CJ Date: 27-08-2013YCR _________________ K.C. BHANU, J