Itxa/1656/2010 Of The Commissioner Of Income Tax - 8 Mumbai v. Jayant Agro Organics Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3433 OF 2010 ANDINCOME TAX APPEAL NO.1361 OF 2009 AND INCOME TAX APPEAL NO.1656 OF 2010 The Commissioner of Income Tax-8, Mumbai ..Appellant. V/s. M/s. Jayant Agro Organics Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Mr.Madhur Agarwal i/b. Mint & Conferes for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 27TH JULY, 2011 P.C. :- 1.In all these appeals, the question of law raised by the revenue is, whether the ITAT was justified in holding that the assessee was entitled to Section 10B deductions in respect of the profits of its export oriented unit No.2. 2.The grievance of the revenue is that the unit in question is formed by reconstruction of the existing unit and hence Section 10B deduction cannot be granted to the assessee. The Tribunal has allowed the claim of the assessee by following its decision in the case of the assessee for the earlier years AY 1997-98 and 1999-2000. Counsel for the revenue states that the file in respect of those assessment years are not available. There is nothing on record to show that the revenue had filed appeals against those orders of the ITAT relating to assessment years AY 1997-98 and 1999- 2000. Moreover, there is no new material found to establish that the export oriented unit No.2 was formed by reconstruction of the assessee's existing business. In these circumstances, no fault can be found with the decision of the ITAT in holding that as held in the earlier years, the assessee was entitled to deductions under Section 10B of the Income Tax Act, 1961. Accordingly, all the appeals are dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)