SHREEDHAM CONSTRUCTORS P.LTD, MUMBAI V. ITO 13(2)(3), MUMBAI

ITA 1198/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3606 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2013-2014
• Appeal Filed On: 01-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 37(1)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI RAMLAL NEGI (JM) I.T.A. NO. 1198/MUM/2018 (ASSESSMENT YEAR 2013-14) M/S. SHREEDHAM CONSTRUCTIONS PVT. LTD. 105/106, VIJAY INDUSTRIAL ESTATE 1 ST FLOOR, NEW LINK ROAD, CHINCHOLI BUNDER, MALAD WEST MUMBAI-400 064. PAN : AAACS8662H VS. ITO-13(2)(3) ROOM NO. 146B AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI NEELKANTH KHANDELWAL DEPARTMENT BY SHRI T.S. KHALSA DATE OF HEARING 09.03.2021 DATE OF PRONOUNCEMENT 09.03.2021 O R D E R PER SHAMIM YAHYA (AM) :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LEARNED CIT(A) DATED 29.12.2017 AND PERTAINS TO A.Y. 2013-1 4. 2. THE ISSUE RAISED IN GROUND NO. 1 AS UNDER :- ON THE FACTS AND CIRCUMSTANCES OF THE APPELLANTS CASE AND IN LAW LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN CONFI RMING THE REDUCTION FROM WORK-IN-PROGRESS MADE BY THE ASSESSING OFFICER AMOUNTING TO RS. 3,36,000/- BEING RENT PAID TO TENANTS BY INVOKING PROV ISIONS OF SECTION 37(1) OF THE INCOME TAX ACT, 1961. 3. AT THE OUTSET, LEARNED COUNSEL OF THE ASSESSEE C ONTENDED THAT IDENTICAL ISSUE FOR A.Y. 2008-09, 2009-10 & 2012-13 IN ASSESS EES OWN CASE BY COMBINED ORDER DATED 14.11.2017 HAS BEEN REMITTED B Y THE ITAT TO THE FILE OF THE ASSESSING OFFICER TO CONSIDER THE SAME AFRESH. HENCE, LEARNED COUNSEL PLEADED THAT THIS ISSUE MAY ALSO BE REMITTED TO THE FILE OF THE ASSESSING OFFICER. M/S. SHREEDHAM CONSTRUCTIONS PVT. LTD. 2 4. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. WE FIND THAT THE ITAT IN ASSESSEES OWN CASE IN EARLIER YEARS HA S REMITTED SIMILAR ISSUE TO THE FILE OF THE ASSESSING OFFICER. HENCE, FOLLOWING THE AFORESAID PRECEDENT, WE DEEM IT APPROPRIATE TO REMIT THIS ISSUE ALSO TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL DECIDE THE ISSUE IN TER MS OF THE ITAT DIRECTION AS ABOVE. 5. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 9.3.2021. SD/- SD/- (RAMLAL NEGI) (SHAMIM YA HYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 09/03/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT, MUMBAI