The ITO, Ward-1(1)(3), Ahmedabad V. M/s. Atit Infrastructure Pvt. Ltd., Ahmedabad

ITA 127/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6249 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 18-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MEENAKSHI DOHRI JOINT
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Retrospective amendment
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 127/AHD/2016 (ASSESSMENT YEAR: 2012-13) INCOME TAX OFFICER, WARD- 7 (2), AHMEDABAD V/S M/S. ATIT INFRASTRUCTURE PVT. LTD. 606, H SWAGAT,NEAR LAL BUNGLOW, C.G. ROAD, AHMEDABAD- 380009 (APPELLANT) (RESPONDENT) PAN: AAHCA9531C APPELLANT BY : SMT. MEENAKSHI DOHRI, JOIN T CIT RESPONDENT BY : SHRI MEHUL K. PATEL ( )/ ORDER DATE OF HEARING : 18 -01-201 8 DATE OF PRONOUNCEMENT : 19 -01-2018 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, AHMEDABAD DATED 10.11.2015 PERTAINING TO A.Y. 2012- 13. ITA NO. 127/ AHD/2016 . A.Y. 2012-1 3 2 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS U NDER:- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIR ECTING THE AO TO DELETE THE DISALLOWANCE OF RS. 99,93,309/- MADE U/S 40(A) (IA) OF THE ACT. (2) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN OBS ERVING THAT THE PROVISO TO SECTION 201(1) INSERTED BY THE FINANCE ACT, 2012 WI TH EFFECT FROM 01-07-2012 IS APPLICABLE WITH RETROSPECTIVE EFFECT AND ITS BEN EFIT AVAILABLE TO THE ASSESSEE FOR A.Y.2012-13. 3. A PERUSAL OF THE AFOREMENTIONED GROUNDS OF APPEAL S HOWS THAT VIDE GROUND NO. 2 THE REVENUE HAS ALLEGED THAT THE PROVISO TO SECTI ON 201(1) INSERTED BY THE FINANCE ACT, 2012 WITH EFFECT FROM 01.07.2012 AND T HEREFORE NOT APPLICABLE RETROSPECTIVELY. THIS VERY ISSUE IS NOW SETTLED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE HONBLE HIGH COURT OF DE LHI IN THE CASE OF ANSAL LANDMARK TOWNSHIP P. LTD. 377 ITR 635 WHICH HAS BEE N FOLLOWED IN A SERIES OF JUDGMENT BY THE CO-ORDINATE BENCHES. 4. THE ASSESSING OFFICER WAS SEIZED WITH THE CERTIFICA TES IN FORMS 26A WHICH REVEALED THAT: (I) PAYEES HAVE FURNISHED THEIR RETURNS OF INCOME U /S. 139. (II) THE PAYMENTS BY ASSESSEE HAVE BEEN TAKEN INTO ACCOUNT FOR COMPUTING INCOME IN THEIR RESPECTIVE RETURNS OF INCOME. (III) THE PAYEES HAVE PAID THE TAX DUE ON THE INCOM E DECLARED BY THEM IN THEIR RETURNS OF INCOME. (IV) BOTH FORMS 26A ARE CERTIFIED BY CHARTERED ACCO UNTANTS. 5. THE ABOVE SATISFIED THE MANDATE OF THE PROVISO INSE RTED IN SECTION 201(1) BY THE FINANCE ACT, 2012 WHICH HAS BEEN HELD TO HAVE R ETROSPECTIVE EFFECT BY THE ITA NO. 127/ AHD/2016 . A.Y. 2012-1 3 3 HONBLE HIGH COURT OF DELHI IN THE CASE OF ANSAL LA NDMARK TOWNSHIP P. LTD. (SUPRA). IN THE LIGHT OF THE ABOVE, WE DO NOT FIND ANY ERROR OR INFIRMITY IN THE FINDINGS OF THE LD. CIT(A). 6. APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 19 - 01- 20 18 SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY A CCOUNTANT MEMBER AHMEDABAD: DATED 19/01/2018 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD