DCIT, CIR-4(2), KOLKATA, KOLKATA vs. M/S SUBLIME AGRO LTD., KOLKATA
In the result, the appeal filed by the Revenue, is dismissed
ITA 146/KOL/2016[2010-2011]Status: DisposedITAT Kolkata31 Jan 2018AY 2010-2011
Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.146/Kol/2016 (िनधा"रणवष" / Assessment Year: 2010-11 Dcit, Cir-4(2), Kolkata Vs. M/S. Sublime Agro Limited 7/1, Lord Sinha Road, Room 4Th Floor, Room No.11B, Aayakar No.201-203, Kolkata – 700 Bhawan, P-7, Chowringhee 071. Square, Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaecs 1804 P (Assessee) .. (Respondent) Assessee By :Shri S. Dasgupta, Addl. Cit(Dr) Respondent By:Shri J. P. Khaitan, Sr. Adv. & Pratyush Jhunjhunwala, Adv. सुनवाईकीतारीख/ Date Of Hearing : 05/12/2017 घोषणाकीतारीख/Date Of Pronouncement : 31/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)–2, Kolkata, In Appeal No.102/Cit(A)-2/2014-15, Dated 12.11.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 19.03.2013. 2. The Revenue Has Raised The Following Grounds Of Appeal: “1. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Allowing The Deduction U/S 80Ie To The Sum Of Rs.2,14,72,852/-. When The Assessee Co. Had Not Satisfied The Condition Laid Down In The Act For Such Allowance. 2. Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred Is Not Verifying The Assessee’S Mere Submission & Ignoring Altogether The Ao’S Conclusion That The Assessee’S Claim Was Not Eligible For Such Deduction. 3. The Revenue Shall Crave To Add Or Alter Any Other Ground On Or Before The Date Of Hearing.”
For Appellant: Shri S. Dasgupta, Addl. CIT(DR)For Respondent: Shri J. P. Khaitan, Sr. Adv. & Pratyush Jhunjhunwala, Adv
Section 143(3)Section 80Section 80I
section 80-IE of the I.T. Act. Before the ld CIT(A), the assessee filed confirmation/evidences [in form of Annexure 6 to 11] in support of claim that the new Plant & Machineries were indeed ‘put to use’
M/s. Sublime Agro Limited
Assessment Year: 2010-11
in the relevant financial year. The Assessee stated that he could not get opportunity
