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Wings Pharaceuticals Pvt. Ltd., New ... vs Department Of Income Tax

Income Tax Appellate Tribunal6 January 2015

Ratio decidendi

The rule this decision rests on

Where the same issue has been decided by the Tribunal for earlier assessment years and no distinguishing feature of the year under appeal is shown, the Tribunal will follow the earlier decisions and decide the issue in the same manner. Where the Tribunal's earlier decisions are rendered in the assessee's own case and the Revenue points to no distinguishing feature of the year in question, the disallowance made on the same basis is to be deleted, following the precedent. The mandate of Rule 8D of the Income-tax Rules applies to the assessment year under consideration, in view of the jurisdictional High Court's decision in Maxopp Investments Ltd. v. CIT, and disallowance under section 14A computed under Rule 8D may be sustained on that footing, following that precedent.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALDELHI BENCHES : H : NEW DELHIBEFORE SHRI R.S. SYAL, AM AND SHRI A.T. VARKEY, JMITA No.5078/Del/2013Assessment Year : 2010-11

DCIT, Vs. Wings Pharmaceuticals Pvt. Circle-18(1), Ltd., New Delhi. J-13, Udyog Vihar, Industrial Area, New Delhi. PAN : AAACW0963B

CO No.49/Del/2014 (ITA No.5078/Del/2013) Assessment Year : 2010-11

Wings Pharmaceuticals Pvt. Vs. DCIT, Ltd., Circle-18(1), J-13, Udyog Vihar, New Delhi. Industrial Area, New Delhi. PAN : AAACW0963B (Appellant) (Respondent)

Assessee By : Shri Anil Kumar Jain, FCA Department By : Shri J.P. Chandrakar, Sr.DR ORDER

PER R.S. SYAL, AM:

This appeal by the Revenue and the Cross Objection by the

assessee arise out of the order passed by the CIT(A) on 29.5.13 in

relation to the assessment year 2010-11.

ITA No.5078/Del/2013 CO No.49/Del/2014

2. The only ground raised by the Revenue in its appeal is

against allowing deduction of `8,08,04,360/- u/s 80IC of the

Income-tax Act, 1961 (hereinafter also called 'the Act') in respect

of income from unit at Baddi.

3. Briefly stated, the facts of the case are that the assessee

also claimed deduction u/s 80IC on its job work income. On being

called upon to explain as to how job work income could be treated

as income derived from manufacturing activity, the assessee

gave explanation which did not find favour with the AO. Following

his view taken for the AYs 2006-07, 2007-08 and 2008-09, the AO

rejected such claim of deduction u/s 80IC. The ld. CIT(A)

overturned the assessment order on this point by relying on his

orders for earlier years.

4. After considering the rival submissions and perusing the

relevant material on record, it is noticed that the AO as well as

the ld. CIT(A) have relied on their respective opinions for the

earlier years in making and deleting the disallowance. Such issue

came up for consideration before the Tribunal in assessee's case

for the AYs 2006-07 to 2009-10. Vide its separate orders dated

2 ITA No.5078/Del/2013 CO No.49/Del/2014

7.2.2014 and 29.5.14, the Tribunal has upheld the decision of the

ld. CIT(A) in allowing deduction u/s 80IC in respect of this income.

No distinguishing feature of the instant year vis-a-vis the

preceding years has been brought to our notice by the ld. DR.

Respectfully following the precedents, we uphold the impugned

order in deleting this disallowance.

5. The only issue raised by the assessee in its Cross Objection

is against the confirmation of disallowance of `7,36,403/- made

u/s 14A of the Act. The facts apropos this ground are that the

assessee earned certain exempt income and offered disallowance

u/s 14A for a sum of `18,13,730/-. The AO, while calculating

disallowance as per Rule 8D, made a further disallowance of

`8,37,168/-. The ld. CIT(A) restricted the disallowance to a sum of

`7,36,403/-.

6. After considering the rival submissions and perusing the

relevant material on record, we find that the first component of

this disallowance is a sum of `39,221/- towards interest. In this

regard, it is noted that the ld. CIT(A) reduced the disallowance by

excluding the interest on FBT and TDS, for which separate

3 ITA No.5078/Del/2013 CO No.49/Del/2014

disallowance was made. No material has been placed on record

to controvert the finding recorded by the ld. CIT(A) in sustaining

the disallowance to this extent. The second component of the

disallowance is a sum of `6,97,182/- which represents ½% of the

average value of investment as per Rule 8D(iii). The mandate of

Rule 8D is applicable to the assessment year under consideration

in view of the judgment of the Hon'ble jurisdictional High Court in

the case of Maxopp Investments Ltd. Vs. CIT (2012) 347 ITR 272

(Del). Respectfully following the precedent, we uphold the

disallowance sustained in the first appeal on this issue.

7. In the result, the Revenue's appeal as well as the assessee's

CO are dismissed.

The order pronounced in the open court on 06.01.2015.

Sd/- Sd/-

[A.T. VARKEY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER

Dated, 06th January, 2015.

dk

4 ITA No.5078/Del/2013 CO No.49/Del/2014

Copy forwarded to:

1. Appellant 2. Respondent 3. CIT 4. CIT (A) 5. DR, ITAT

AR, ITAT, NEW DELHI.

5

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