The DCIT, (OSD)-1, Circle-4, Ahmedabad V. Mundra International Container Terminal Pvt.Ltd., Kutch

ITA 1458/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6128 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 22-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: MRUNAL SHAH
• Section: 143(3); 14A

Judgement Text

ITA NO. 1458/AHD/2015 ACIT VS. MUNDRA INTERNATIONAL CONTAINER TERMINAL PVT LTD ASSESSMENT YEAR: 2010-11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 1458/AHD/2015 ASSESSMENT YEAR: 2010-11 ASST. COMMISSIONER OF INCOME-TAX ........ .............APPELLANT CIRCLE 2(1)(2), AHMEDABAD VS MUNDRA INTERNATIONAL CONTAINER TERMINAL PVT LTD. ............RESPONDENT NAVINAL, NEW MUNDRA PORT, MUNDRA, KUTCH-370 421 [PAN : AADCA 0917 C] APPEARANCES BY VK SINGH FOR THE APPELLANT BANDISH SOPARKAR & MRUNAL SHAH FOR THE RESPONDENT DATES OF HEARING OF THE APPEAL : FEBRUARY 08, 2018 DATE OF PRONOUNCING THIS ORDER : FEBRUARY 12, 2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE LEARNED CIT(A)S ORDER DATED 16 TH MARCH 2015, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) R.W.S. 144C OF THE INCOME-TAX ACT, 1 961, FOR THE ASSESSMENT YEAR 2010-11. 2. GRIEVANCES RAISED BY THE APPELLANT ARE AS FOLLOW S:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS I N DELETING THE DISALLOWANCE OF RS.35,00,000/- MADE BY THE AO U/S 14A R.W.R. 8D OF THE IT RULES, 1962. 2. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF THE DISALLOWANCE TO THE BOOK PROFIT U/S 115JB. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THERE IS NO TAX EXEMPT EARNED BY THE ASSESSEE DURING THE RELEVANT PREVIOUS YEAR, AND, FO R THIS SHORT REASON ALONE, ITA NO. 1458/AHD/2015 ACIT VS. MUNDRA INTERNATIONAL CONTAINER TERMINAL PVT LTD ASSESSMENT YEAR: 2010-11 PAGE 2 OF 2 DISALLOWANCE UNDER SECTION 14A DOES NOT COME INTO P LAY AS IS THE SETTLED LEGAL POSITION IN THE LIGHT OF HONBLE JURISDICTIONAL HIG H COURTS JUDGMENT IN THE CASE OF CIT VS. CORRTECH ENERGY LTD [(2014) 45 TAXMANN.COM 116 (GUJ.)]. THAT IS PRECISELY WHAT LEARNED CIT(A) HAS NOTED, AND, BASED THEREON, GRANT ED THE IMPUGNED RELIEF. 4. IN VIEW OF THE ABOVE POSITION, WE APPROVE THE CO NCLUSIONS ARRIVED AT BY THE LEARNED CIT(A) AND DECLINE TO INTERFERE IN THE MATT ER. 5. IN THE RESULT, APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 12 TH DAY OF FEBRUARY, 2018. SD/- SD/- S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 12 TH DAY OF FEBRUARY, 2018 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION:.....ORDER PREPARED AS PER ONE PAGE MANUSCRIPT OF HONBLE AM, WHICH IS ATTACHED HEREWITH....12.02.2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ... 12.02.2018........ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 12.02.2018. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: ... 12.02.2018..... 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : . 13.02.2018.... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER