ACIT Central Circle 2(4), CHENNAI V. Ennore Cargo Container Terminals Pvt. Ltd., CHENNAI

ITA 2737/CHNY/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8938 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 13-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARI GOVIND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , . !', $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.2737/CHNY/2017 ' (' / ASSESSMENT YEAR : 2013-14 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), INVESTIGATION WING, CHENNAI - 600 034. V. M/S ENNORE CARGO CONTAINER TERMINALS PVT. LTD., NO.81, SWAMY COMPLEX, THAMBU CHETTY STREET, CHENNAI - 600 001. PAN : AABCE 4546 M (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI HARI GOVIND, JCIT ,-*+ . / / RESPONDENT BY : SHRI YASHWANT KUMAR, CA FOR SHRI S. SRIDHAR, ADVOCATE 0 . 1$ / DATE OF HEARING : 03.12.2018 23( . 1$ / DATE OF PRONOUNCEMENT : 19.12.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -18, CHENN AI, DATED 31.08.2017 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2 I.T.A. NO.2737/CHNY/17 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DEDUC TION CLAIMED BY THE ASSESSEE UNDER SECTION 80-IA OF THE INCOME-T AX ACT, 1961 (IN SHORT 'THE ACT'). 3. WE HEARD SHRI HARI GOVIND, THE LD. DEPARTMENTAL REPRESENTATIVE AND SHRI YASHWANT KUMAR, THE LD. REP RESENTATIVE FOR THE ASSESSEE. THE CIT(APPEALS) BY PLACING HIS RELIANCE ON THE JUDGMENT OF MADRAS HIGH COURT IN THE ASSESSEE'S OWN CASE FOR ASSESSMENT YEARS 2007-08 AND 2010-11, DECIDED THE I SSUE IN FAVOUR OF THE ASSESSEE. THE CIT(APPEALS) ALSO REFE RRED TO THE JUDGMENT OF MADRAS HIGH COURT IN CIT V. A.L. LOGIST ICS PVT. LTD. (2015) 374 ITR 609 AND ALSO THE JUDGMENT OF DELHI H IGH COURT IN CONTAINER CORPORATION OF INDIA LTD. V. ACIT (2012) 346 ITR 140. SINCE THE CIT(APPEALS) HAS FOLLOWED THE BINDING JUD GMENT OF JURISDICTIONAL HIGH COURT IN THE ASSESSEE'S OWN CAS E FOR ASSESSMENT YEARS 2007-08 AND 2010-11, A MERE PENDENCY OF APPEA L BEFORE THE APEX COURT CANNOT BE A REASON TO TAKE A DIFFERENT V IEW. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE W ITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SAME IS CONFIRM ED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. 3 I.T.A. NO.2737/CHNY/17 ORDER PRONOUNCED IN THE COURT ON 19 TH DECEMBER, 2018 AT CHENNAI. SD/- SD/- (. !' ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 19 TH DECEMBER, 2018. KRI. . ,167 87(1 /COPY TO: 1. *+/ APPELLANT 2. ,-*+/ RESPONDENT 3. 0 91 () /CIT(A)-18, CHENNAI-34 4. PRINCIPAL CIT, CENTRAL 2, CHENNAI 5. 7: ,1 /DR 6. ;' < /GF.