The Commissioner Of Income Tax, Jalandhar I, Jalandhar v. M/S Ramco International Dhogri Road, Near Pathankot Bye Pass,Jalandhar

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA No.417 of 2008 Date of decision: 8.12.2008 The Commissioner of Income Tax, Jalandhar I, Jalandhar Vs. -----Appellant M/s Ramco International Dhogri Road, Near Pathankot Bye Pass,Jalandhar. --Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON'BLE MR JUSTICE L.N.MITTAL Present: Mr. Vivek Sethi, advocate for the revenue. Adarsh Kumar Goel,J. 1.The revenue has preferred this appeal under section260A of the Income Tax Act, 1961 (in short, ‘the Act’) against theorder of Income Tax Appellate Tribunal, Amritsar Bench, Amritsardated 12.10.2007, passed in ITA No.213(ASR)/2007 for theassessment year 2003-04, proposing to raise following substantialquestions of law:- “1. Whether, on the facts and in the circumstancesof the case and in law, the ITAT was right in law in allowing assessee’s claim for deduction under section80IB, which the assessee had neither claimed in thereturn of income nor through a revised return of income? 2. Whether on the facts and in the circumstances of thecase, the decision of ITAT is not contrary to the law asspelt out by the Hon’ble Supreme Court in Goetze(India) Limited v. CIT, 284 ITR 323 (SC) andAdditional Commissioner of Income Tax v.Gurjargravures P.Limited, 111 ITR 1 (SC)?” 2.The assessee claimed deduction under section 80IB ofthe Act and though Form 10CCB and other requisite documentswere furnished, the Assessing Officer without referring to the saiddocuments made assessment. On appeal, the appellate authorityupheld the claim of the assessee. The Tribunal has upheld the saidview. 3.Learned counsel for the revenue submits that theassessee made claim by way of an application without filing arevised return and in such a situation, judgment of the Hon’ble Supreme Court inGoetze India Limited v. CIT, 284 ITR 323 wasapplicable and deduction could not be allowed. 4.We are unable to accept the submission. The Tribunalhas considered this issue and found that as per Form 10CCB filedduring assessment proceedings, the claim of the assessee was admissible. Finding of the Tribunal is as under:- “19. In view of the above, we find no error in theorder of the learned CIT(A). It has correctly been heldby the first appellate authority, inter alia that as perForm No.10CCB filed during the assessmentproceedings, the claim made by the assessee wasadmissible and the same remained to be allowed. Theorder of the learned CIT(A) is hereby upheld in view ofthe above discussion. The grievance of the departmenntstands rejected.” 5.In view of the finding that the assessee was not making any fresh claim and had duly furnished the documents andsubmitted Form for claim under section 80IB, there was norequirement for filing any revised return. The judgment relied uponwas not applicable. 6.Accordingly, we are unable to hold that any substantialquestion of law arises. 7.The appeal is dismissed. (Adarsh Kumar Goel)Judge December 8, 2008‘gs’ (L.N.Mittal)Judge