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TMI Blog2017 (4) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... owed in favour of the assessee, which does not need any interference on our part, hence, we uphold the order of the Ld. CIT(A) on the issue in dispute and accordingly, we dismiss the grounds in dispute raised by the Revenue. - I.T.A. No. 3616/DEL/2014 - - - Dated:- 13-4-2017 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Department : Sh. FR Meena, Sr. DR For The Assessee : S h. Somil Agrawal, Adv. ORDER PER H.S. SIDHU : JM The Revenue has filed this Appeal against the impugned Order dated 11.4.2014 passed by the Ld. CIT(A)-XVIII, New Delhi relevant to assessment year 2010-11. 2. The grounds raised in the Revenue s Appeal read as under:- 1. On the facts and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were produced by the AR of the Assessee and the same was verified on test check basis. Thereafter, the AO re-computed the income of the assessee at ₹ 4,62,04,506/- u/s. 143(3) of the I.T. Act, 1961 vide his order dated 14.3.2013. 4. Against the said order of the AO, assessee appealed before the Ld. CIT(A), who vide impugned order dated 11.4.2014 has partly allowed the appeal of the assessee. 5. Aggrieved with the aforesaid order of the Ld. CIT(A), Revenue is in appeal before the Tribunal. 6. Ld. DR relied upon the Order of the AO and reiterated the contentions raised in the grounds of appeal and stated that the Ld. CIT(A) has wrongly deleted the additions. He further emphasized that Ld. CIT(A) has erred in allowing deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn case for Assessment Year 2009-10, wherein Hon'ble Income Tax Appellate Tribunal 'F' Bench, Delhi, has decided the issue in appellant's favour by observing in relevant paragraph No. 15 of the order as under:- 15. From the above, it is amply clear that the assessee is engaged in manufacture and production of an article or thing named air spring assembly. The assessee imports (a) air spring component (fitted in the top plate) and (b) emergency air spring component (fitted in the emergency spring and calibrated with the bottom plate). These items are imported from Germany from M/s ContiTech Luftfedersysteme GmbH (Hannover, Germany). Rest all other goods /raw materials required in the manufacturing process are procured fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the course of appellate proceedings, learned Authorized Representative of the assessee attended and filed copy of decision of Tribunal, Delhi Bench in assessee s own case for Assessment Year 2009-10, wherein the Tribunal, 'F' Bench, Delhi, has decided the issue in assessee s favour by observing in relevant paragraph No. 15 to 17 of the order which read as under:- 15. From the above, it is amply clear that the assessee is engaged in manufacture and production of an article or thing named air spring assembly. The assessee imports (a) air spring component (fitted in the top plate) and (b) emergency air spring component (fitted in the emergency spring and calibrated with the bottom plate). These items are imported from Germa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee, which does not need any interference on our part, hence, we uphold the order of the Ld. CIT(A) on the issue in dispute and accordingly, we dismiss the grounds in dispute raised by the Revenue. 8.3 Even otherwise, we note that the ground taken by the Department that Ld. CIT(A) has erred in allowing the deduction u/s. 80IC of the Act by relying on the ITAT decision for the AY 2009-10 in assessee s own case without appreciating the fact that the matter is sub-judice as the Revenue has preferred an appeal in the Hon ble Delhi High Court, against the order of the Tribunal does not survive, because the Hon ble High Court of Delhi vide its Order dated 19.12.2016 in the ITA No. 872/2016, CM No. 45075/2016 filed by the Department in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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