DCIT Corporate Circle 2(2), Chennai vs. India Pistons Ltd., Chennai
In the result, the appeal filed by the Revenue is dismissed
ITA 2617/CHNY/2017[1999-00]Status: DisposedITAT Chennai12 Oct 2018AY 1999-00
Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.2617/Chny/2017 िनधा"रण वष"/Assessment Year:1999-2000 The Deputy Commissioner Of M/S. India Piston Ltd., Income Tax, Corporate Circle 2(2), Vs. Huzur Gardens, Sembiam, Room No. 512, 5Th Floor, Wanaparthy Chennai 600 011. Block, 121, M.G. Road, Chennai 34. [Pan: Aaaci1439E] (Appellant) (Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ar. V. Sreenivasan, Jcit ""थ" की ओर से/Respondent By : Shri R.Vijayaraghavan, Advocate सुनवाई की तारीख/ Date Of Hearing : 25.07.2018 घोषणा की तारीख /Date Of Pronouncement : 12.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai Dated 23.08.2017 Relevant To The Assessment Year 1999-2000. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Erred In Deleting The Addition Made Towards The Element Of Excise Duty & Customs Duty In The Closing Stock.
For Appellant: Shri AR. V. Sreenivasan, JCITFor Respondent: Shri R.Vijayaraghavan, Advocate
Section 115JSection 143(3)
…of the goods which are under bond. 8. The learned counsel appearing for the revenue sought to distinguish the Judgment by placing reliance on the Judgment of this Court in the case of Southern Asbestos Cement Limited vs. Commissioner of Income Tax reported in 259 ITR 631 to contend that the cost of imported raw material of the assessee would necessarily include the customs duty paid thereon, as without the payment of such duty, the assessee would not be entitled to remove the imported raw material from the ports. On payment of such duty, it necessarily constituted a part of the cost of the raw material to the ass…