THE INDIAN HUME PIPE COMPANY LTD, MUMBAI V. ASST CIT CC 3(3), MUMBAI

ITA 2210/MUM/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7939 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 29-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Assessee Lawyers: PRADNYA KHAPNE

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH MUMB AI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH JUDICIAL MEMBER ITA NO. 2210/MUM/2017 (ASSESSMENT YEAR 2012-13 ) THE INDIAN HUME PIPE COMPANY LTD., CONSTRUCTION HOUSE, 2 ND FLOOR, WALCHAND HIRACHAND ROAD, BALLARD ESTATE, MUMBAI-400001. PAN: AAACT4063D VS. ACIT, CC- 3(3) ROOM NO. 1923, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI-400021. APPELLANT RESPONDE NT APPELLANT BY : PRADNYA KHAPNE (AR) RESPONDENT BY : SHRI LOVE KUMAR (DR) DATE OF HEARING : 19.09.2018 DATE OF PRONOUNCEMEN T : 19.09.2018 ORDERUNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. THIS APPEAL BY ASSESSEE UNDER SECTION 253 OF INCOME -TAX ACT IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-51, MUMBAI DATED 23 .02.2017 FOR ASSESSMENT YEAR 2012-13. THE ASSESSEE HAS RAISED TH E FOLLOWING GROUNDS OF APPEAL: 1) ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AN D IN LAW THE LD. CIT (A) ERRED IN CONFIRMING THE DISALLOWANCE OF CLAIM OF DE DUCTION U/S SOIA OF THE INCOME TAX ACT, 1961 RELYING UPON THE DECISIONS OF THE HON'BLE ITAT MUMBAI, FOR I.T. ASST. YEARS 2005-06 TO 2010-11, FO R THE REASONS MENTIONED IN THE ORDER. 2) ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AN D IN LAW THE LD. CIT(A) ERRED IN CONFIRMING THE DISALLOWANCE OF CLAIM OF DE DUCTION U/S 80IA OF THE I.T. ACT, 1961, TREATING THE APPELLANT AS WORK CONT RACTOR AND NOT AS DEVELOPER FOR THE REASONS MENTIONED IN THE ORDER. 2. AT THE OUTSET OF HEARING, THE LD. AUTHORIZED REPRES ENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT BOTH THE GROUNDS OF APPEAL RA ISED BY ASSESSEE ARE COVERED IN FAVOUR OF ASSESSEE BY THE DECISION OF TR IBUNAL IN ASSESSEES OWN ITA NO. 2210 MUM 2017-THE INDIAN HUME PIPE COMPANY LTD. 2 CASE FOR ASSESSMENT YEAR 2011-12 IN ITA NO. 2868/MU M/2016 DATED 03.01.2017. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE AFTER GOING THROUGH THE CONTENTS OF THE DECISION SUBMITS THAT SIMILAR GROUND OF APPEAL WAS RESTORED BY THE T RIBUNAL TO THE FILE OF ASSESSING OFFICER IN ASSESSEES OWN CASE FOR ASSESS MENT YEAR 2011-12 IN ITA NO. 2868/MUM/2016 VIDE ORDER DATE 03.01. 2017. THEREFORE, HE HAS NO OBJECTION, IF THIS GROUND OF APPEAL IS ALSO REST ORED TO THE FILE OF ASSESSING OFFICER WITH SIMILAR DIRECTION. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSION OF BOTH THE PARTIES AND HAVE GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. WE HAVE NO TED THAT SIMILAR GROUND OF APPEAL WAS RAISED BY ASSESSEE IN ASSESSMENT YEAR 2011-12 IN ITA NO. 2868/MUM/2016 AND THE CO-ORDINATE BENCH OF TRIBUNAL BY FOLLOWING THE DECISION OF ASSESSMENT YEAR 2009-10 AND 2010-11 RES TORED THE SAME TO THE FILE OF ASSESSING OFFICER. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF CO-ORDINATE BENCH, THE APPEAL OF THE ASSESSEE IS RE STORED TO THE FILE OF ASSESSING OFFICER TO DECIDE IN ACCORDANCE WITH THE DIRECTION CONTAINED IN ORDER DATED 03.01.2017 IN ITA NO. 2868/MUM/2016. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FO R STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 19 /09/2018. SD/- SD/- G.S. PANNU PAWAN SINGH ACCOUNTANT MEMBER J UDICIAL MEMBER MUMBAI, DATE: 19.09.2018 SK ITA NO. 2210 MUM 2017-THE INDIAN HUME PIPE COMPANY LTD. 3 COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR C BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI