ADVANCE CONSTRUCITON CO. P. LTD, MUMBAI V. DCIT 10(2), MUMBAI

ITA 2597/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55750 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-03-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 05-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R N DSOUZA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' A ' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI SANJAY ARORA , ACCOUNTANT MEMBER ITA NO. 2597/MUM/2010 (ASSESSMENT YEAR: 2006 - 07 ) ADVANCE CONSTRUCTION CO. P. LTD. VS. ADDL. CIT, RANGE 8(1) 'KAVITA', 2ND FLOOR, PLOT NO. 37 VITHALNAGAR CO.OP. HSG. SOC. LTD. 11TH ROAD, JVPD SCHEME MUMBAI 400049 AYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 PAN - AABCA0710B APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI R.N. D'SOUZA DATE OF HEARING: 25.03. 2015 DATE OF PRONOUNCEMENT: 25.03.2015 O R D E R PER D. MANMOHAN, V.P. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY CIT(A) - 16, MUMBAI AND IT PERTAINS TO A.Y. 2006 - 07. 2. THOUGH SEVERAL GROUNDS WERE URGED BEFORE US, THE MAIN PLEA OF THE ASSESSEE IS WITH REGARD TO ALLOWABILITY OF THE CLAIM FOR DEDUCTION UNDER SECTION 80 IA(4) OF THE ACT AND IN THE ALTERNATIVE ASSESSEE - COMPANY CONTENDS THAT IT FULFILLED THE CONDITIONS SPECIFIED UND ER SECTION 80IB(10) OF THE ACT AND HENCE ELIGIBLE FOR DEDUCTION. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, A LETTER WAS FILED BY K.C. MEHTA & CO., CHARTERED ACCOUNTANTS , STATING THAT IDENTICAL ISSUE HAS COME UP BEFORE THE ITAT IN ASSESSEES OWN CASE FOR A.Y. 2004 - 05 AND A.Y. 2005 - 06 IN ITA NO S . 6225 & 6686/MUM/2007 DATED 18.01.2010 , WHEREIN THE MATTER WAS DECIDED IN FAVOUR OF THE REVENUE WITH REGARD TO THE CLAIM OF DEDUCTION UNDER SECTION 80IA(4) OF THE ACT. IT WAS SUBMITTED IN THE SAID LETTER THAT AS SESS EE RESERVES ITS RIGHT TO CONTEST THE MATTER IN FURTHER APPEAL. ITA NO. 2597/MUM/2010 ADVANCE CONSTRUCTION CO. P. LTD. 2 4. SINCE THE VIEW TAKEN BY THE LEARNED CIT(A) IS IN CONSONANCE WITH THE VIEW TAKEN BY THE ITAT (SUPRA), WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE LEARNED CIT(A) AND THEREFORE THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH MARCH, 2015. SD/ - SD/ - ( SANJAY ARORA ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 25 TH MARCH, 2015 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 16 , MUMBAI 4. THE CIT VIII , MUMBAI CITY 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.