DCIT CIR 3(1), MUMBAI V. DAHEJ HARBOUR AND INFRASTRUCTURE LTD, MUMBAI

ITA 1490/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3923 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 04-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , ! , $ % $ , ! , ' BEFORE SHRI SAKTIJIT DEY, JM AND SHRI N. K. PRADHAN , AM / I.T.A. NO.1490/MUM/2014 ( $ ( #)( / ASSESSMENT YEAR: 2010-11) DCIT CIR 3(1) R.NO. 607 AAYAKAR BHAVAN MUMBAI- 400020 $ / VS. DAHEJ HARBOUR AND INFRASTRUCTURE LTD. B. WING, 3 RD FLOOR, ADITYA BIRLA CENTER, S.K.AHIRE MARG, WORLI MUMBAI- 400030 ./ ./ PAN/GIR NO. : AAACD7230J ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 04/08/2016 /DATE OF PRONOUNCEMENT: 04 /08/2016 O R D E R PER N.K.PRADHAN, AM: INSTANT APPEAL BY THE REVENUE IS DIRECTED AGAINST T HE ORDER DATED 30/12/2013 PASSED BY THE LEARNED CIT(A) -6, MUMBAI FOR AY 2010-11. THE GROUND RAISED BY THE REVENUE IS AS FOLLOWS: WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW, THE LD. CIT(A) JUSTIFIED IN DELETI NG REDUCTION IN THE DISALLOWANCE MADE BY THE AO U/S 80 IA OF THE INCOME-TAX ACT, 1961 AMOUNTING TO RS. 12,97, 794/- ON THE SALE OF WATER WITHOUT APPRECIATING THE FACT THAT THE SALE OF WATER HAS NO CONNECTION WHATSOEVER WITH THE INFRASTRUCTURE OF THE JETTY OF THE ASSESSEE COMPANY AND THEREFORE DO NOT QUALIFY FOR DEDUCTION UNDER SECTIO N 80IA. ASSESSEE BY: SHRI JINAL JAIN DEPARTMENT BY: SHRI PRAKASH R. MANE 2 2. AS COULD BE SEEN, THE ONLY ISSUE IN DISPUTE IN T HE PRESENT APPEAL IS DELETION OF DISALLOWANCE OF RS. 12,97,794/- MADE BY THE ASSESSING OFFICER (AO) UNDER SECTION 80IA OF THE INCOME TAX ACT, 1961 (THE ACT). 3. BOTH THE LEARNED COUNSEL FOR THE PARTIES AGGREED BEFORE US THAT THE TAX EFFECT PERTAINING TO THE AMOUNT DISPUTED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 10,00,000/- FIXED BY THE CBDT IN CIRCULAR NO. 21 OF 2015 DATED 10/12/2015 IN RELATION TO APPEAL BEFORE THE ITAT. TAKING INTO CONSIDERATION THE AFORESAID SUBMISSIONS OF THE PART IES AND ALSO FINDING THAT THE CBDT CIRCULAR UNDER REFERENCE APPLIES RETROSPEC TIVELY, EVEN TO PENDING APPEALS, WE DISMISS THE APPEAL OF THE REVENUE AS NO T MAINTAINABLE. 4. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04 /08/ 2016 . SD/- SD/- (SAKTIJIT DEY) (N. K.PRADHAN) !' # /JUDICIAL MEMBER # / ACCOUNTANT MEMBER MUMBAI; &# DATED : 04/08/2016 AG(ON TOUR) * %+, -,) / 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// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI