DCIT CEN CIR -36, MUMBAI V. ABG INFRALOGISTICS LTD ( FORMERLY KNOWN AS APG HEAVY INDUSTRIES LTD), MUMBAI

ITA 3015/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7221 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2003-2004
• Appeal Filed On: 08-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M M CHATURVEDI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G,MUMBAI BEFORE SHRI J.SUDHAKAR REDDY (A.M) & SHRI R.S.P ADVEKAR (J.M) ITA NO.3015/MUM/2009(A.Y.2003-04) THE DCIT, CEN. CIRCLE 36, ROOM NO.11, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 20. (APPELLANT) VS. M/S. ABG INFRALOGISTICS LTD., (FORMERLY KNOWN AS ABG HEAVY INDUSTRIES LTD.) 5 TH FLOOR, BHUPATI CHAMBERS, 13 MATHEW ROAD, PAN: AAACA 3293L (RESPONDENT) APPELLANT BY : SHRI AJIT KUMAR , CIT, DR RESPONDENT BY : SHRI M.M. CHATURVEDI ORDER PER J. SUDHAKAR REDDY, A.M, THIS IS AN APPEAL BY THE REVENUE DIRECTED AGAINST THE ORDER OF LD. CIT(A),C.VI, MUMBAI DATED 13/3/2009 FOR THE ASSESSMENT YEAR 200 3-04 ON THE FOLLOWING GROUND. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE LD. CIT(A) WAS JUSTIFIED IN TREATING THE ASSESSEE ELIGI BLE FOR DEDUCTION UNDER SECTION 80 IA WITHOUT APPRECIATING THE FINDINGS MADE BY THE ASSESSING OFFICER THAT THE CRANES INSTALLED BY THE ASSESSEE DID NOT QUALIFY AS A STRUCTURE AT PORT OR PORT PER SE. 2. WE HAVE HEARD THE LD. D.R, SHRI AJIT KUMAR SINGH AND THE LD. COUNSEL FOR THE ASSESSEE SHRI M.M.CHATURVEDI. THE SOLE ISSUE THAT ARISES IN THIS APPEAL IS WHETHER THE ASSESSEE IS ENTITLED TO THE BENEFIT OF DEDUCTION U /S. 80IA OF THE ACT. ADMITTEDLY THE VERY SAME ISSUE HAS COME UP BEFORE THE C BENCH OF THE TRIBUNAL IN ITA NO.4482/M/2000 AND ITA NO.672/M/2004, IN THE ASSESSEES OWN CASE F OR THE ASSESSMENT YEARS 1997-98 AND 1998-99 AND THE TRIBUNAL VIDE ITS ORDER DATED 0 8/01/2008 HAS ALLOWED THE APPEAL. FURTHER, THE HONBLE BOMBAY HIGH COURT IN ITXA NO. 1687 OF 2009 ALONG WITH FOUR OTHER APPEALS IN THE ASSESSEES OWN CASE FOR THE AS SESSMENT YEAR 1997-98 TO 2000-01 ITA NO.3015/M/2009(A.Y. 2003-04) 2 AND 2005-06 HAS UPHELD THE TRIBUNAL ORDER. RESPECT FULLY FOLLOWING THE SAME THE FIRST APPELLATE AUTHORITY HAD ALLOWED THE CLAIM OF THE AS SESSEE. WE FIND NO INFIRMITY IN THE IN THE ORDER OF THE LD. CIT(A), THEREFORE, THIS APPEAL OF THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED ON THE 23RD DAY OF MARCH , 2010 SD/- SD/- (R.S.PADVEKAR) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTNAT MEMBER MUMBAI, DT. 23 RD MARCH, 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT(A) CONCERNED 4. THE CIT,CITY -CONCERNED 5. THE D.RG BENCH . (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. ITA NO.3015/M/2009(A.Y. 2003-04) 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 03/03/2010 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER ITA NO.3015/M/2009(A.Y. 2003-04) 4 ITA NO.3015/M/2009(A.Y. 2003-04) 5