TaxTMI 
TaxTMI 
2021 (8) TMI 227
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....This appeal was admitted on 4/10/2016 on the following substantial question of law: (1) Whether Hon'ble Income Tax Appellate Tribunal is justified in law in placing simpliciter reliance on the order in ITA No. 187/PNJ/2014 dated 28.11.2014, in order to dismiss the Appeal filed by the revenue, without discussing and considering the facts interse between the assessee's case in the present proceedings? 4. However, today, Ms. Linhares pointed out that the case number referred to in the above substantial question of law is incorrect and the correct case number is ITA No.72/PNJ/2012 which was decided on 8/3/2013. Mr. Ramani also agrees that there was an error about the correct case number in the substantial question of law framed on 4/....
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....penalty by the Commissioner of Income Tax (Appeals). Hence, the present appeal on the aforesaid substantial question of law. 9. The main issue involved before the Commissioner of Income Tax (Appeals) and the ITAT was whether the respondent-assessee had made an incorrect claim for deduction in its E-Return filed on 29/9/2009. 10. In the substantive appeal instituted by the respondent-assessee, the ITAT, by its order dated 8/3/2013 in ITA No.72/PNJ/2012 held that there was no error on the part of the respondent-assessee in claiming exemption under section 10-B of the IT Act and on the said basis seeking the deduction in the E-Return filed on 29/9/2009. The relevant discussion on this issue is to be found in paragraphs 45.21 and 45.22 of the....
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....om the 100% EOU units eligible for exemption u/s 10B. Accordingly, we direct the Assessing Officer to recompute the exemption available u/s 10B to the assessee in respect of Amona as well as Chitradurga units after ascertaining the market value of the crude ores transferred by the assessee to these units from its extraction divisions on the basis of the average market value as the assessee has paid to the outside parties for the crude ores purchased by the assessee from these parties during the impugned assessment year and substituting as cost of the raw material in place of cost of the crude ore derived by the assessee from its own mines after giving proper and sufficient opportunity to the assessee to adduce the material and evidence in t....
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....he ITAT's order dated 8/3/2013 in ITA/72/PNJ/2012 had not been tested by this Court though, the Revenue had instituted Tax Appeal Nos.13 and 14 of 2013 and 25 of 2014 against the same. Recently, by Judgment and order dated 7/5/2021 these Tax Appeals were dismissed, thereby, confirming that the respondent-assessee had quite correctly claimed the deduction in its E-Return filed on 29/9/2009. 13. Now, that this Court has dismissed the Revenue's appeal against the order dated 8/3/2013 in ITA No.72/PNJ/2012, it is quite clear that there was no error on the part of the respondent-assessee in claiming the deduction in its E-Return. Since there was no error, there was obviously, no question of imposing any penalty upon the respondent-asses....