Appeal details
Counselvise Citation
[2012] 119 COUNSELVISE.COM (IT) 7455 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 13 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
01-03-2012
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Assessment Year
2005-2006
Appeal Filed On
19-12-2011
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ITA NO.2080(MDS)/2011 ASSESSMENT YEAR : 2005-06 THE JOINT COMMISSIONER OF INCOME-TAX(OSD), CENTRAL CIRCLE IV(2), CHENNAI. VS. M/S.SAS HOTELS AND ENTERPRISES LTD., 3-MANGESH ST., T.NAGAR,CHENNAI-17. PAN AAECS1194C. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAJI P JACOB, IRS, COMM ISSIONER OF INCOME-TAX. RESPONDENT BY: SHRI S.RAMACHANDRA RAO, C.A. DATE OF HEARING :1 ST MARCH, 2012 DATE OF PRONOUNCEMENT :1 ST MARCH, 2012 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THIS APPEAL FILED BY THE REVENUE RELATES TO THE ASSESSMENT YEAR 2005-06. THE APPEAL IS DIRECTED AG AINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-V AT CHENNAI, - - ITA NO.2080 OF 2011 2 PASSED ON 28-9-2011 AND ARISES OUT OF THE ASSESSMEN T COMPLETED UNDER SECTION 143(3) OF THE INCOME-TAX AC T, 1961. 2. THE ONLY GROUND RAISED BY THE REVENUE IN THIS APPEAL IS THAT THE COMMISSIONER OF INCOME-TAX(APPEA LS) HAS ERRED IN RELYING UPON THE ORDERS OF THE INCOME-TAX APPELLATE TRIBUNAL IN RESPECT OF ASSESSMENT UNDER SECTION 153 A FOR THE ASSESSMENT YEAR 2005-06 AND HOLDING THAT THE ASSESS EE IS ELIGIBLE FOR DEDUCTION UNDER SECTION 80IA OF THE IN COME-TAX ACT, 1961, ON WINDMILL INCOME. IT IS THE CASE OF THE RE VENUE THAT THE DECISION OF THE TRIBUNAL HAS NOT ATTAINED FINALITY, AS THE ISSUE HAS BEEN TAKEN IN APPEAL BY THE REVENUE BEFORE THE HON BLE MADRAS HIGH COURT. 3. IN VIEW OF THE ASSESSMENT COMPLETED IN CONSEQUENCE OF SECTION 153A, THE ASSESSEE HAD CLAIM ED DEDUCTION UNDER SECTION 80IA AND THE SAME WAS DISAL LOWED BY THE ASSESSING AUTHORITY. BUT IN FIRST APPEAL, THE COMMISSIONER OF INCOME-TAX(APPEALS) ALLOWED THE CLAIM OF THE ASSESS EE ON THE GROUND THAT THE VERY SAME ISSUE WAS DECIDED BY THE TRIBUNAL IN - - ITA NO.2080 OF 2011 3 FAVOUR OF THE ASSESSEE IN ASSESSEES OWN APPEAL FOR THE ASSESSMENT YEAR 2005-06. AS THE MATTER STOOD CONCL UDED BY THE DECISION OF THE TRIBUNAL FOR THE TIME BEING CON CERNED, THE COMMISSIONER OF INCOME-TAX(APPEALS) DUTIFULLY FOLLO WED THE ORDER OF THE TRIBUNAL AND ALLOWED THE CLAIM OF THE ASSESSEE. IT IS AGAINST THE ABOVE THAT THE REVENUE HAS COME IN APPE AL BEFORE US. 4. THE REVENUE MIGHT HAVE TAKEN UP THE ISSUE BEFOR E THE HONBLE MADRAS HIGH COURT IN APPEAL CHALLENGING THE DECISION OF THE TRIBUNAL. BUT THE HONBLE HIGH COU RT OF MADRAS HAS NOT DECIDED THE ISSUE SO FAR AND AS SUCH THE OR DER OF THE TRIBUNAL STANDS GOOD FOR THE TIME BEING. AS SUCH, IT IS BINDING ON THE COMMISSIONER OF INCOME-TAX(APPEALS), WORKING UN DER THE JURISDICTION OF INCOME-TAX APPELLATE TRIBUNAL, CHEN NAI BENCHES. IN THESE CIRCUMSTANCES, THE ORDER PASSED BY THE COM MISSIONER OF INCOME-TAX(APPEALS) IS JUST AND PROPER. 5. IN RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. - - ITA NO.2080 OF 2011 4 ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THURSDAY, THE 1 ST OF MARCH, 2012 AT CHENNAI. SD/- SD/- (CHALLA NAGENDRA PRASAD) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 1 ST MARCH, 2012. V.A.P. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.
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