The ITO, Ward-2(5), Baroda V. M/s. Shree Jala Construction, Baroda

ITA 2399/AHD/2008

• Counselvise Citation: 239920514 RSA 2008
• Duration Of Justice: 42 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Department
• Assessment Year: misc
• Appeal Filed On: 01-01-1970
• Court: TRIBUNAL
• Department Lawyers: A TIRKEY
• Assessee Lawyers: M J SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD (BEFORE SHRI G. C. GUPTA, VP AND SHRI T. R. MEENA, AM) ITA NO. 2399/AHD/2008 A. Y.: 2005-06 THE INCOME TAX OFFICER, WARD 2 (5) BARODA, 1 ST FLOOR, AAYAKAR BHAVAN, RACE COURSE CIRCLE, BARODA VS M/S. SHREE JALA CONSTRUCTION, B/H PANCHSHEEL HOSTEL, NEAR DARBAR CHOWKDI, MANJALPUR, BARODA P. A. NO. ABBFS 4877 K (APPELLANT) (RESPONDENT) APPELLANT BY SHRI A. TIRKEY, SR. DR RESPONDENT BY SHRI M. J. SHAH, AR O R D E R PER G. C. GUPTA: THIS APPEAL BY THE REVENUE FOR ASSESSMENT YEAR 2005-06 IS DIRECTED AGAINST THE ORD ER OF THE CIT(A)- II ,BARODA IN APPEAL NO. CAB/II-169/07-08 DATED 22- 04-2008. 2. THE ONLY EFFECTIVE GROUND NO.1 OF APPEAL OF THE REVENUE IS AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT (A) ERRED IN ALLOWING THE DEDUCTIO N U/S 80 IB (1) TO THE ASSESSEE, WHO WAS NOT GRANTED APPROVA L BY THE LOCAL AUTHORITY TO CARRY ON THE BUSINESS OF AN UNDERTAKING DEVELOPING AND BUILDING HOUSING PROJECT S, IN CONTRAVENTION OF A PLAIN READING OF SECTION 80 IB ( 1) R. W. S. 80 IB (1), EXPLANATION TO SECTION 80 IB (10) AND RULE 18 BBB. ITA NO.2399/AHD/2008 (AY: 2004-05) ITO, W-2(5), BARODA VS M/S. SHREE JALA CONSTRUCTION 2 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTS ET SUBMITTED THAT THE ISSUE OF DEDUCTION U/S 80 IB (10) OF THE I T ACT IS COVERED IN FAVOUR OF THE ASSESSEE WITH SERIES OF DECISIONS OF ITAT AHMEDABAD BENCHES IN ASSESSEES OWN CASE FOR EARLIER ASSESSME NT YEAR 2004- 05 IN ITA NO.371/AHD/2008 DATED 25-04-2008 AND FOR SUBSEQUENT ASSESSMENT YEAR 2006-07 IN ITA NO.48/AHD/2010 DATED 13-07-2012 AND ALSO FOR ASSESSMENT YEAR 2007-08 IN ITA NO.3220 /AHD/2011 DATED 13-07-2012. HE SUBMITTED THAT THE FACTS OF TH E CASE OF THE ASSESSEE FOR RELEVANT ASSESSMENT YEAR 2005-06 BEING IDENTICAL WITH THE FACTS OF THE CASE OF THE ASSESSEE IN ASSESSMENT YEAR 2004-05 AND SUBSEQUENT ASSESSMENT YEARS 2006-07 AND 2007-08 , THE REVENUES APPEAL MAY BE DISMISSED ACCORDINGLY. 4. THE LEARNED DR COULD NOT CONTROVERT THE SUBMISSI ON OF THE LEARNED COUNSEL FOR THE ASSESSEE. HE RELIED ON THE ORDER OF THE AO. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAV E PERUSED THE ORDERS OF THE AO AND THE LEARNED CIT(A). WE FIN D THAT THE ISSUE OF DEDUCTION U/S 80 IB (10) OF THE ACT IS COVERED IN F AVOUR OF THE ASSESSEE BY THE DECISIONS OF THE ITAT AHMEDABAD BEN CHES IN ASSESSEES OWN CASE FOR IMMEDIATELY PRECEDING ASSES SMENT YEAR 2004-05 (SUPRA) AND ALSO FOR SUBSEQUENT ASSESSMENT YEARS 2006-07 AND 2007-08 (SUPRA). THE FACTS OF THE CASE OF THE A SSESSEE FOR RELEVANT ASSESSMENT YEAR 2005-06 IN APPEAL BEFORE U S BEING SIMILAR TO THE FACTS OF THE CASE OF THE ASSESSEE IN IMMEDIA TELY PRECEDING YEAR AS WELL AS TWO SUCCEEDING YEARS AND WE, BEING IN AGREEMENT WITH THE DECISIONS OF THE CO-ORDINATE BENCH OF THE TRIBUNAL IN ITA NO.2399/AHD/2008 (AY: 2004-05) ITO, W-2(5), BARODA VS M/S. SHREE JALA CONSTRUCTION 3 ASSESSEES OWN CASE CITED SUPRA FOR PRECEDING ASSES SMENT YEAR 2004-05 AS WELL AS SUCCEEDING ASSESSMENT YEARS 2006 -07 AND 2007- 08, DECIDE THE ISSUE IN FAVOUR OF THE ASSESSEE AND GROUND NO.1 OF THE REVENUES APPEAL IS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02-11-2012. SD/- SD/- (T. R. MEENA) ACCOUNTANT MEMBER (G. C. GUPTA) VICE PRESIDENT LAKSHMIKANT DEKA LAKSHMIKANT DEKA LAKSHMIKANT DEKA LAKSHMIKANT DEKA / // / COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER DY. REGISTRAR, ITAT, AHMEDABAD 1. DATE OF DICTATION: 05-10-2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 05-10-2012 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: