The ITO, Ward-9(1), Ahmedabad V. M/s. Vishal Construction Co., Ahmedabad

ITA 1412/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57306 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 28-02-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 03-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: UMISHSISNSH BHATI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE SHRI, A.K.GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.1412/AHD/2010 ASSESSMENT YEAR:2006-07 INCOME TAX OFFICER, WARD-9(1), AHMEDABAD V/S . M/S.VISHAL CONSTRUCTION CO, UMIYA DUPLEX, OPP: SWAMINARAYAN TEMPLE, NIRANT CHOWKDI, VASTRAL, AHMEDABAD PAN NO.AAEFV9476H (APPELLANT) .. (RESPONDENT) /BY APPELLANT SHRI VINOD TANWANI, SR-DR /BY RESPONDENT SHRI UMISHSISNSH BHATI, AR /DATE OF HEARING 28-02-2012 /DATE OF PRONOUNCEMENT 23-03-2012 O R D E R PER KUL BHARAT, JUDICIAL MEMBER:- THE PRESENT APPEAL IS FILED BY THE REVENUE IS DIREC TED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XV, AHMEDABAD DATED 15-03-2010 FOR THE ASSESSMENT YEAR 2006-07. 2. THE FACTS IN BRIEF ARE THAT THE ASSESSEE FILED R ETURN OF INCOME ALONG WITH AUDIT REPORT IN THE PRESCRIBED FORM CLAIMING DEDUCTION U/ S.80-IB(10) OF THE INCOME-TAX ACT, 1961 AT RS.74,49,731/-. SUBSEQUENTLY, CASE WAS TAKE N UP FOR SCRUTINY AND THE ASSESSMENT PROCEEDINGS WERE COMPLETED VIDE ORDER DA TED 26-12-2008 REJECTED THE CLAIM OF THE ASSESSEE FOR DEDUCTION U/S. 80-IB(10) OF THE ACT AND ADDED THE SAME TO THE INCOME OF THE ASSESSEE. THE ASSESSEE FEELING AG GRIEVED BY THE ORDER OF ASSESSING OFFICER PREFERRED APPEAL BEFORE LD. CIT(A ), WHO AFTER GOING THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE AND PERUSING TH E RECORDS CAME TO THE ITA NO.1412/AHD/2010 A.Y. 2006-07 ITO WD-9(2)ABD V. M/S VISHAL CONSTRUCTION CO. PAGE 2 CONCLUSION THAT ALL THE CONDITIONS WHERE U/S. 80-IB (10) IS SATISFIED AND PARTLY ALLOWED THE APPEAL. 3. THE REVENUE FEELING AGGRIEVED BY THE ORDER OF TH E LD. CIT(A) HAS FIELD PRESENT APPEAL BEFORE THIS TRIBUNAL RAISING FOLLOWI NG GROUNDS FOR ADJUDICATION:- 1. THE LD. COMMISSIONER OF INCOME-TAX (A)-XV, AHME DABAD HAS ERRED IN LAW AND ON FACTS IN DIRECTING THE ASSESSING OFFICER TO ALLOW THE ASSESSEES CLAIM FOR DEDUCTION OF RS.74,49,731/- U/S 80IB(10). 2. THE LD. COMMISSIONER OF INCOME-TAX (A)-XV, AHMED ABAD ERRED IN HOLDING THAT THE ASSESSEE FULFILLS THE CONDITIONS LAID DOWN FOR CLAIMING DEDUCTION U/S. 80IB(10) EVEN WHEN THE LAND WAS IN THE NAME OF SOCI ETY AND THE ASSESSEE HAD MERELY EXECUTED A WORKS CONTRACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A)-XV, AHMEDABAD OUGHT TO HAVE UPHELD THE ORDER OF THE ASS ESSING OFFICER. 4. ALL THE GROUNDS ARE INTER-CONNECTED THEREFORE WE ARE DISPOSING ALL GROUNDS. LD. DR HAS ARGUED AND SUPPORTED THE ORDER PASSED BY ASSESSING OFFICER. HE ARGUED THAT THE AO WAS RIGHT IN REJECTING THE CLAIM OF THE ASSESSEE IN RESPECT OF ALLOWING DEDUCTION U/S.80IB(10). ON THE CONTRARY, LD. AR OF THE ASSESSEE HAS ARGUED THAT THE LD. CIT(A) HAS RIGHTLY ALLOWED THE CLAIM OF ASSESSE E. FURTHER, AR SUBMITTED THAT THE CASE IS SQUARELY COVERED BY THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT V. RADHE DEVELOPERS DATED 13-12-2011 AND RELIED UPON THE ORDER OF LD. CIT(A). 5. WE HAVE CONSIDERED THE SUBMISSIONS MADE BY THE R ESPECTIVE PARTIES AND PERUSED THE RECORD AND THE ORDERS PASSED BY THE AUT HORITIES BELOW. IN THIS CASE THE ASSESSING OFFICER HAS REJECTED CLAIM OF THE ASSESSE E FOR DEDUCTION U/S.80IB(10) OF THE ACT ON THE GROUND THAT CONDITIONS AS PRESCRIBED ARE NOT SATISFIED UNDER THE AFOREMENTIONED PROVISIONS ARE NOT FULFILLED. IT IS TRANSPIRED FROM THE RECORDS THAT LD. CIT(A) HAS EXAMINED THE ISSUE CONDITION-WISE IN DET AIL AND HAS GIVEN A SPECIFIC FINDING THEREON. WE DO NOT FIND ANY INFIRMITY INTO THE ORDER OF LD. CIT(A). SINCE HE HAS FOLLOWED THE RATIO LAID BY THE CO-ORDINATE BENC H IN THE CASE OF SHAKTI CORPORATION IN ITA NO.1503/AHD/2008 . THE VIEW EXPRESSED IN SHAKATI CORPORATION (SUPRA) HAS NOW BEEN AFFIRMED BY THE HONBLE JURISDICTIONAL HIG H COURT IN THE CASE OF CIT V. ITA NO.1412/AHD/2010 A.Y. 2006-07 ITO WD-9(2)ABD V. M/S VISHAL CONSTRUCTION CO. PAGE 3 RADHE DEVELOPERS DATED 13-12-2011 PASSED IN TAX APPEAL 546 OF 2008. THEREFORE, WE DO NOT FIND ANY INFIRMITY INTO THE IMPUGNED ORDE R. 6. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 23/03 /2012 SD/- SD/- (A.K.GARODIA) (KUL BHARAT) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, *DKP - 23/03/2012 '() * +, +, +, +, --. --. --. --. /. /. /. /. / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. )-1 + +2 / CONCERNED CIT 4. + +2- / CIT (A) 5. .56 ---1, + -1 , '() / DR, ITAT, AHMEDABAD 6. 69: ;< / GUARD FILE. BY ORDER/ +, , /TRUE COPY/ =/ ' > + -1 , '() *