Deputy Commissioner of Income-tax, Circle - 1(1), Pune V. M/s. Bramha Corp Ltd,(Formerly Known as Brahma Builders), Pune

ITA 1512/PUN/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8163 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 14-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Question of law
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / ITA NO . 1512 /PUN/201 7 / ASSESSMENT YEAR : 20 1 1 - 12 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE ....... / APPELLANT / V/S. M/S. BRAMHA CORP LTD., (FORMERLY KNOWN AS BRAHMA BUILDERS), C/O RESIDENCY CLUB, 3, QUEENS GARDEN ROAD, PUNE 411001 PAN : AADFB8649M / RESPONDENT ASSESSEE BY : SHRI K ISHOR PHADKE REVENUE BY : SHRI DEEPAK GARG / DATE OF HEARING : 1 5 - 01 - 2020 / DATE OF PRONOUNCEMENT : 20 - 01 - 20 20 / ORDER PER S.S. VISWANETHRA RAVI, JM : TH IS APPEAL BY THE REVENUE AGAINST THE ORDER DATED 1 9 - 01 - 2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 5, PUNE [CIT(A)] FOR ASSESSMENT YEAR 201 1 - 12. 2 ITA NO. 1512/PUN/2017, A.Y. 2011 - 12 2. THE APPELLANT - R EVENUE RAISED AS MANY AS TEN GROUNDS AMONGST WHICH THE ONLY ISSUE EMANATES FOR OUR CONSI DERATION WHETHER THE CIT(A) IS JUSTIFIED IN ALLOWING DEDUCTION U/S. 80IB(10) OF THE ACT REGARDING THE PROJECTS BRAHMA AVENUE AND BRAHMA SUNCITY IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. HEARD BOTH PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECOR D. WE FIND THE CIT(A) HELD THAT THE ASSESSEE IS ENTITLED TO CLAIM DEDUCTION U/S. 80IB(10) OF THE ACT REGARDING TWO PROJECTS NAMELY BRAHMA AVENUE AND BRAHMA SUNCITY. TO COME TO SUCH CONCLUSION THE CIT(A) PLACED RELIANCE ON THE ORDER DATED 05 - 01 - 2017 OF TH IS TRIBUNAL IN ASSESSEES OWN CASE IN ITA NOS.1835 & 1748/PUN/2014. THE LD. AR PLACED ON RECORD THE DECISION OF HONBLE HIGH COURT OF BOMBAY IN ASSESSEES OWN CASE WHEREIN WE FIND THE REVENUE CHALLENGED THE ORDER DATED 31 - 10 - 2014 OF ITAT, PUNE BENCHES IN ASSESSEES OWN CASE FOR THE A.Y. 2008 - 09. THE HONBLE HIGH COURT OF BOMBAY WAS PLEASED TO DISMISS THE SUBSTANTIAL QUESTION OF LAW RAISED BY THE APPELLANT - REVENUE THEREIN VIDE ITS ORDER DATED 27 - 03 - 2018. THEREFORE, WE FIND NO INFIRMITY IN THE ORDER OF CIT (A) IN HOLDING THAT THE ASSESSEE IS ENTITLED TO CLAIM THE DEDUCTION U/S. 80IB(10) OF THE ACT. THUS, THE GROUNDS RAISED BY THE REVENUE IN APPEAL ARE DISMISSED. 4. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JANUARY, 2020 . SD/ - SD/ - (ANIL CHATURVEDI) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBE R / PUNE; / DATED : 20 TH JANUARY, 20 20 RK 3 ITA NO. 1512/PUN/2017, A.Y. 2011 - 12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 5, PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 4, PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. // // TRU E COPY // / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE