The ITO, Ward-3(2), Baroda V. M/s. Uma Devlopers, Baroda

ITA 2479/AHD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57010 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 03-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Assessee Lawyers: NONEWRITTEN SUBMISSION

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE SHRI BHAVNESH SAINI, JM AND SHRI A. K. GARO DIA, AM) ITA NO. 2479/AHD/2011 A. Y.: 2007-08 THE INCOME TAX OFFICER, WARD 3 (2), ROOM NO. 304, AAYAKAR BHAVAN, BARODA VS M/S. UMA DEVELOPERS, A-6, RAJ LAXMI PARK SOCIETY, NEW SAMA ROAD, BARODA 390008 PA NO. AABFU 5638 H (APPELLANT) (RESPONDENT) C. O. NO.242/AHD/2011 (IN ITA NO. 2479/AHD/2011 - A.Y.: 2007-08) M/S. UMA DEVELOPERS, A-6, RAJ LAXMI PARK SOCIETY, NEW SAMA ROAD, BARODA 390008 PA NO. AABFU 5638 H VS THE INCOME TAX OFFICER, WARD 3 (2), ROOM NO. 304, AAYAKAR BHAVAN, BARODA (CROSS OBJECTOR) (RESPONDENT) DEPARTMENT BY SHRI B. L. YADAV, DR RESPONDENT BY NONE(WRITTEN SUBMISSION) DATE OF HEARING: 11-01-2012 DATE OF PRONOUNCEMENT: 11-01-2012 O R D E R PER BHAVNESH SAINI: THE DEPARTMENTAL APPEAL IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A)-II, BARODA DATED 05-07-2011 FOR ASSESSMENT YEAR 2007-08, CHALLENGING THE DIRECT ION TO THE AO TO ALLOW DEDUCTION U/S 80 IB (10) OF THE IT ACT. ITA NO.2479/AHD/2011 AND CO NO.242/AHD/2011 M/S. UMA DEVELOPERS, BARODA 2 2. IT WAS PLEADED BEFORE THE LEARNED CIT(A) THAT TH E ASSESSEE IS A DEVELOPER AND SATISFIED ALL THE CONDITIONS OF SECTI ON 80 IB (10) OF THE IT ACT AND RELIED UPON THE DECISION OF ITAT AHMEDAB AD BENCH IN THE CASE OF RADHE BUILDER AND OTHERS AND SHAKTI CORPORA TION & OTHERS. THE LEARNED CIT(A) DIRECTED THE AO TO ALLOW DEDUCTI ON TO THE ASSESSEE U/S 80 IB (10) OF THE IT ACT ON GIVING FIN DING THAT THE ASSESSEE PASSED THE TESTS LAID DOWN IN THE CASE OF SHAKTI CORPORATION (ITA NO.1503/AHD/2008 DATED 07-11-2008) . SUBJECT TO ABOVE DIRECTION, APPEAL OF THE ASSESSEE WAS ALLOWED . THE ASSESSEE IN THE WRITTEN SUBMISSION REFERRED TO THE ORDER OF THE AO DATED 22-12-2011GIVING APPEAL EFFECT TO THE ORDER OF THE LEARNED CIT(A) IN WHICH THE AO AFTER VERIFICATION OF THE FACTS ALLOWE D THE CLAIM OF THE ASSESSEE U/S 80 IB (10) OF THE IT ACT. SINCE THE CL AIM OF THE ASSESSEE HAS BEEN ACCEPTED BY THE AO HIMSELF, THEREFORE, NOT HING SURVIVES IN FAVOUR OF THE REVENUE. APPEAL OF THE REVENUE HAS NO MERIT AND IS ACCORDINGLY DISMISSED. 3. THE CROSS OBJECTION OF THE ASSESSEE IS MERELY FI LED IN SUPPORT OF THE ORDER OF THE LEARNED CIT(A). ACCORDINGLY, SA ME HAS BECOME INFRUCTUOUS AND IS ALSO DISMISSED. 4. IN THE RESULT, BOTH THE DEPARTMENTAL APPEAL AND THE CROSS OBJECTION OF THE ASSESSEES ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT SD/- SD/- (A. K. GARODIA) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ ITA NO.2479/AHD/2011 AND CO NO.242/AHD/2011 M/S. UMA DEVELOPERS, BARODA 3 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 D Y. REGISTRAR, ITAT, AHMEDABAD