The ITO, Ward-4(3), Ahmedabad V. Infab Infratructure Pvt.Ltd., Ahmedabad

ITA 2785/AHD/2008

• Counselvise Citation: 278520514 RSA 2008
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 25-01-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 05-08-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y C SURTI
• Assessee Lawyers: M K PATEL
• Keywords: Retrospective amendment

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !'# !'# !'# !'#, , , , $ $ $ $ . .. . . .. .% % % % , , , , &' % &' % &' % &' % & # & # & # & # BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND B.R. BASKARAN, ACCOUNTANT MEMBER) ITA NO.1574 AND 2785/AHD/2008 [ASSTT.YEAR : 2005-2006 AND 2006-2007] ITO, WARD-4(3) AHMEDABAD. /VS. INFAB INFRASTRUCTURE PVT. LTD. 402, PUNIT PLAZA B/H. GUJ. COLLEGE ASHRAM ROAD, AHMEDABAD. ( (( ()* )* )* )* / APPELLANT) ( (( (+,)* +,)* +,)* +,)* / RESPONDENT) % - . &/ REVENUE BY : SHRI Y.C. SURTI, SR.DR 01 - . &/ ASSESSEE BY : SHRI M.K. PATEL 2 - 13'/ DATE OF HEARING : 25 TH JANUARY, 2012 456 - 13'/ DATE OF PRONOUNCEMENT : 25-01-2012 &7 / O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER : THESE TWO APPEALS OF THE REVENUE ARE DIRECTED AGAINST THE ORD ERS PASSED BY LD CIT(A)-VIII, AHMEDABAD AND THEY RELATE TO THE ASSES SMENT YEARS 2005-06 AND 2006-07. SINCE ISSUES URGED IN THESE TWO APPEA LS ARE IDENTICAL IN NATURE, THEY WERE HEARD TOGETHER AND ARE BEING DISP OSED OF BY THIS COMMON ORDER, FOR THE SAKE OF CONVENIENCE. 2. THE SOLITARY ISSUE URGED IN THESE APPEALS RE LATES TO THE DEDUCTION U/S 80IA OF THE ACT. 3. AT THE TIME OF HEARING, IT WAS BROUGHT TO OU R NOTICE THAT THE PROVISIONS OF SEC. 80IA WAS AMENDED BY FINANCE (NO. 2) ACT 2009 WITH RETROSPECTIVE EFFECT FROM 1-4-2000 BY MODIFYING THE EXPLANATION BELOW ITA NO.1574 AND 2785/AHD/2008 [ASSTT.YEAR : 2005-2006 AND 2006-2007] -2- SUB-SECTION (13) OF SECTION 80IA. IT WAS SUBMITTED THAT THE SAID AMENDMENT WAS BROUGHT INTO THE ACT SUBSEQUENT TO TH E DATES OF PASSING OF IMPUGNED ORDERS OF LEARNED CIT(A). IT WAS FURTH ER SUBMITTED THAT THE SAID AMENDMENT MAY HAVE IMPACT ON THE COMPUTATION O F DEDUCTION UNDER SECTION 80IA. 4. IN VIEW OF THE ABOVE SUBMISSIONS, WE ARE OF THE VIEW THAT THE ISSUE RELATING TO DEDUCTION UNDER SECTION 80IA NEEDS TO B E EXAMINED AFRESH AT THE END OF THE AO. ACCORDINGLY, WE SET SIDE THE OR DERS OF THE LEARNED CIT(A) ON THIS ISSUE AND RESTORE THE SAME TO THE FI LE OF THE AO WITH A DIRECTION TO EXAMINE THE ISSUE AFRESH WITH REFERENC E TO THE AMENDMENT REFERRED TO SUPRA, GIVE A FINDING ON THE APPLICABIL ITY OF THE SAID AMENDMENT TO THE FACTS OF THE ASSESSEES CASE AND T HEN TAKE APPROPRIATE DECISION IN ACCORDANCE WITH LAW. NEEDLESS TO MENTI ON, THE ASSESSEE SHOULD BE GIVEN NECESSARY OPPORTUNITY OF BEING HEAR D. 5. IN THE RESULT, THE APPEALS OF THE REVENUE ARE TR EATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( . .. . . .. . /G.C. GUPTA) !'# !'# !'# !'# /VICE-PRESIDENT ( . .. . . .. .% % % % /B.R. BASKARAN) &' % &' % &' % &' % /ACCOUNTANT MEMBER C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD