The ITO, Ward-9(1), Ahmedabad V. Shri Priyavadan Panachand Shah, Ahmedabad

ITA 1894/AHD/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 73105 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 28-02-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 01-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DK MISHR A
• Assessee Lawyers: S N DIVETIA
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTAN T MEMBER ITO, WARD-9(1) AHMEDABAD (APPELLANT) VS SRI PRIYAVADAN PANACHAND SHAH, PROP. PRIYAVADAN HOUSING, 2 ND , BHAGWATI CHAMBERS, ASHRAM ROAD, AHMEDABAD PAN: ALNPS5954K (RESPONDENT) REVENUE BY: SRI D.K. MISHRA, SR.D.R. ASSESSEE BY: SRI S.N. DIVETIA, A.R. DATE OF HEARING : 28-02-2014 DATE OF PRONOUNCEMENT : 28-02-20 14 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS IS THE REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-XV AHMEDABAD DATED 23-03-2010 DISPOSING OFF APPEAL OF THE ASSESSEE AGAINST THE ORDER OF AO PASSED BY HIM U/S. 154 OF THE ACT O N 23-07-2008. THE ITA NO. 1894/AHD/2010 ASSESSMENT YEAR 2005-06 I.T.A NO.1894/AHD/2010 A.Y. 2005-06 PAGE NO ITO VS. PRIYAVADAN PANACHAND SHAH PROP. PRIYAVADAN HOUSING 2 GRIEVANCE OF THE ASSESSEE IN HIS RECTIFICATION APPL ICATION WAS THAT WHILE GIVING EFFECT TO THE ORDER OF LD. CIT(A) DATED 7 TH JANUARY 2009, THE AO GIVEN DEDUCTION U/S. 80IB(10) OF THE ACT TO THE TUN E OF RS. 1,37,48,745/- INSTEAD OF CLAIM OF THE ASSESSEE TO THE TUNE OF RS. 1,39,95,590/-. LD. CIT(A) WHILE DISPOSING OF THIS MATTER HAS DIRECTED THE AO TO DETERMINE THE CORRECT QUANTUM OF DEDUCTION AVAILABLE TO THE ASSESSEE U/S. 80IB(10) OF THE ACT. 2. AGAINST THIS ORDER OF LD. CIT(A) NOW THE REVENU E IS IN APPEAL BEFORE US. 3. AT THE TIME OF HEARING LD. DR AT THE OUTSET SUBM ITTED THAT SINCE ORDER OF LD. CIT(A) DATED 7 TH JANUARY, 2009 WHICH IS THE SUBJECT MATTER OF RECTIFICATION IN THIS APPEAL, HAS BEEN SET ASIDE AN D MATTER HAS AGAIN BEEN RESTORED BACK TO HIS FILE FOR FRESH ADJUDICATION BY THE HONBLE ITAT VIDE ITS ORDER DATED 12-10-2012 ITA NO. 862/AHD/2009, THE SA ME HAS BECOME INFRUCTUOUS. IN VIEW OF THIS, THE REVENUES APPEAL IS DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (ANIL CHATURVEDI) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 28/02/2014 AK I.T.A NO.1894/AHD/2010 A.Y. 2005-06 PAGE NO ITO VS. PRIYAVADAN PANACHAND SHAH PROP. PRIYAVADAN HOUSING 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,