Shri Mahesh S. Chhatbar,HUF, Ahmedabad V. The Income tax Officer,Ward-6(4), Ahmedabad

ITA 1409/AHD/2011

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8991 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 18-05-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 143(3); 92; 80IB; 201

Judgement Text

ITA NO. 1409 / AHD/201 1 ASSESSME NT Y EAR: 20 0 3 - 04 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] ITA NO. 1409 /AHD/201 1 ASSESSMENT Y EAR : 20 0 3 - 04 MAHESH S. CHHATBAR HUF ..... .......... .APPELLANT PROP. O F METABUILD HARD WARE MANUFACTURING COMPANY, 27, RAJDHANI BUNGALOWS, RAMWADI, ISANPUR, AHMEDABAD. [PAN: AABHC 1877 Q] VS. INCOME TAX OFFICER, WARD 6(4), AHMEDABAD. .. ......... RESPONDENT APPEARANCES BY MANISH J. SHAH FOR THE A PPELLANT RAJDEEP SING H FOR THE R E SPONDENT HEARING CONCLUDED ON: 24 .03.2017 ORDER PRONOUNCED ON : 28 .03.2017 O R D E R PER PRAMOD KUMAR , AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF LEARNED CIT S ORDER DATED18.03.2011 , P ASSED UNDER SECTION 263 R.W.S. 143(3) OF THE INCOME TAX ACT 1961 , FOR THE ASSESSMENT YEAR 2003 - 04, WITHDRAWING DEDUCTION UNDER SECTION 80IB AMOUNTING TO RS.3,81,409/ - . 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE FACT THAT THE ELIGIBILITY FOR DEDUCTION UNDER SECTION 80 IB IN THE INITIAL YEAR (I.E. 2002 - 03) HAS NOW BEEN FINALIZED AND THAT THE ASSESSING OFFICER HIMSELF, AS A RESULT OF PROCEEDINGS REMANDED BY THE TRIBUNAL, HELD THE ASSESSEE TO BE ENTITLED TO DEDUCTION U/S. 80IB. LEARNED COUNSEL INVITES OUR ATTENTION TO THE SUPPORTING DOCUMENTS ITA NO. 1409 / AHD/201 1 ASSESSME NT Y EAR: 20 0 3 - 04 PAGE 2 OF 3 FILED IN SUPPORT OF THIS CONTENTION. IT IS THEN SUBMITTED THAT AS IS THE SETTLED LEGAL POSITION THE ELIGIBILITY ASPECT CAN BE DETERMINED ONLY IN THE INITIA L YEAR OF CLAIM AND ONCE IT IS ALLOWED IN THAT YEAR, THE ELIGIBILITY CANNOT BE DISPUTED IN THE SUBSEQUENT YEARS. ON THE BASIS OF THESE SUBMISSIONS, WHICH ESSENTIALLY RELATE TO DEVELOPMENTS AFTER THE REVISION ORDER WAS PASSED, WE ARE URGED TO QUASH THE IMP UGNED REVISION ORDER. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT DISPUTE THE FACTUAL ELEMENTS EMBEDDED IN THE SUBMISSIONS BUT VEHEMENTLY RELIES UPON THE ORDER OF THE LEARNED C OMMISSIONER. 4. LEARNED COUNSEL S PLEA IS INDEED WELL TAKEN. NOW THAT THE ELIGIBILITY ISSUE HAS BEEN SETTLED IN FAVOUR OF THE ASSESSEE IN THE INITIAL YEAR OF CLAIM, THAT ASPECT OF THE MATTER CANNOT BE REVISITED IN THE ABSENCE OF ANY SIGNIFICANT LATER DEVELOPMENTS HAVING BEARING ON THE ISSUE. IT IS NOT THE CASE OF THE ASSESSEE T HAT THE RE ARE ANY SUBSEQUENT DEVELOPMENTS WHICH RENDER THE ASSESSEE INELIGIBLE FOR DEDUCTION. THE SETTLED MATTER REQUIRING ELIGIBILITY CANNOT BE , THUS, REVISITED. IN VIEW OF THESE DISCUSSIONS, AS ALSO B EARING IN MIND ENTIRETY OF THE CASE, WE UPHELD THE PLE A OF THE ASSESSEE, AND, ACCORDINGLY, CANCEL THE IMPUGNED ORDER. 5. I N THE RESULT, THE APPEAL IS ALLOWED. P RONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF MARCH, 2017 . SD/ - SD/ - MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEM BER) (ACCOUNTANT MEMBER) DATED: 28 TH DAY OF MARCH, 201 7 . PBN/* ITA NO. 1409 / AHD/201 1 ASSESSME NT Y EAR: 20 0 3 - 04 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPEL LATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD