The Commissioner Of Income Taxcoimbatore v. M/S.sm Scrap Recycling Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 15.07.2014CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKARANDTHE HONOURABLE MR. JUSTICE G.M.AKBAR ALI T.C. (A) NO. 875 OF 2013 The Commissioner of Income TaxCoimbatore....Appellant/Respondent- Vs - M/s.SM Scrap Recycling Pvt. Ltd.No.425, Mettupalayam RoadCoimbatore 641 043. ...Respondent/Appellant Appeal preferred u/s 260-A of the Income Tax Act against theorder of the Income Tax Appellate Tribunal, Madras 'B' Bench, dated03.04.2013 in ITA No.2109/Mds/2011 for the assessment years 2005-2006and against the order of the Commissioner of Income Tax (Appeals) inITA No.272/2010-2011 dated 12.10.2011 for the assessment year 2005-2006 and against the Assessment order under Sec.143 (3) read withSection 147 of the Income Tax Act passed by Deputy Commissioner ofIncome Tax, Company Circle - IG1, Coimbatore, dated 30.12.2010 forthe assessment year 2005 - 2006. For Appellant: Mr. N.V.Balaji JUDGMENT (DELIVERED BY R.SUDHAKAR, J.) In this appeal, the following question of law has been raised forconsideration:- “Whether under the facts and circumstances of thecase, the Income Tax Appellate Tribunal was right inholding that the assessee is entitled for deductionunder Section 10-B even though the assessee did notfile the audit report in the prescribed form alongwith the return of income, as required under thatsection.” 2. It is fairly submitted by the learned standing counsel for theappellant that the issue involved in this appeal is covered by adecision of this Court reported in CIT – Vs – Print System & Products(2006 (285) ITR 260) (Mad) in favour of the assessee, which stand hashttps://hcservices.ecourts.gov.in/hcservices/ been reiterated in T.C. (A) No.156 of 2007 dated 23.7.13. 3. Following the above said decisions, we are inclined to dismissthis appeal. Accordingly, this appeal is dismissed. Sd/-Assistant Registrar(J)Dated: 23.07.2014//True Copy//Sub Assistant RegistrarGLNTo1. The Income Tax Appellate Tribunal Madras 'B' Bench, Chennai.2. Commissioner of Income Tax (Appeals-I) Coimbatore.3. The Dy. Commissioner of Income Tax Company Circle-I (2), Coimbatore.1 CC to Mr.N.V.Balaji, Advocate SR.No. 30921 T.C. (A) NO. 875 OF 2013BVR(CO)PSI (24.07.2014)