DCIT 1(1), MUMBAI vs. ACC LTD, MUMBAI
In the result, the appeal filed by the revenue is hereby dismissed
ITA 1185/MUM/2009[2003-2004]Status: DisposedITAT Mumbai02 Mar 2022AY 2003-2004
Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1185/Mum/2009 (निर्धारण वर्ा / Assessment Year: 2003-04) Dcit-1(1) बिधम/ M/S. Acc Ltd. Room No.579, Aayakar Cement House, 121, M. K. Vs. Bhavan, Mumbai-400020. Road, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaact1507C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms.Shailja Rai (Dr) Assessee By: Shri Yogesh Thar सुनवाई की तारीख / Date Of Hearing: 10/01/2022 घोषणा की तारीख /Date Of Pronouncement: 02/03/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 28.11.2008 Passed By The Commissioner Of Income Tax (Appeals) -I Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2003- 04. 2. The Revenue Has Raised The Following Grounds: - " L. “Whether On The Facts & Circumstances Of The Case & In Law, The Cit (A) Is Right In Directing To Delete The Addition Made By The Assessing Officer On Account Of Unutilized Modvat Credit & Further In Directing To Allow The Relief Of Rs. 12,09,86,528/- Instead Of Rs. 3,21,85,825/-.” A.Y.2003-04 2. “Whether On The Facts & Circumstances Of The Case & In Law, The Cit (A) Is Right In Deleting The Addition In Respect Of Corporation Tax Paid At Saudi Arabia Of Rs. 2,05,75,346/-.”
For Appellant: Shri Yogesh TharFor Respondent: Ms.Shailja Rai (DR)
Section 115JSection 154Section 251Section 80H
….2003-04 15. The CIT(A) has decided the matter of controversy on the basis of his earlier adjudication before the CIT(A). Moreover, this issue is also decided by Hon’ble Supreme Court in the case of CIT Vs. Bhari Information Technology Systems (P) Ltd. (2012) 340 ITR 593 (SC) in which it is specifically held that the reduction claim u/s 80HHC had to be worked out on the basis of adjusted book profit u/s 115JB of the Act and not on the basis of profits computed under regular provisions of law applicable to computation of profits and gains business. Taking into account of all the facts and circumstances, we are of…