The DCIT, Patan Circle, Patan V. Ranjit Projects Pvt. Ltd., Unjha

ITA 3120/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6375 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 05-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Section: 143(3)

Judgement Text

ITA NO. 3120/AHD/2015 DCIT VS. RANJIT PROJECTS PVT LTD ASSESSMENT YEAR : 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 3120/AHD/2015 ASSESSMENT YEAR: 2012-13 THE DY. COMMISSIONER OF INCOME-TAX .............APPELLANT PATAN CIRCLE, PATAN VS. RANJIT PROJECCTS PVT LTD .......................RESPONDENT NATWARLAL ISHWARLAL BUILDING, 110, OLD MARKET YARD, UNJHA 384 170 [PAN : AACCR 1363 G] APPEARANCES BY: SURENDRA KUMAR FOR THE APPELLANT URVASHI SHODHAN FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 01.01.2018 DATE OF PRONOUNCING THE ORDER : 02.01.2018 O R D E R PER PRAMOD KUMAR, AM: 1. THIS APPEAL, FILED BY THE ASSESSING OFFICER, IS DIRECTED AGAINST THE ORDER DATED 7 TH AUGUST 2015 PASSED BY THE CIT(A), GANDHINAGAR, AHM EDABAD, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME-TAX A CT, 1961, FOR THE ASSESSMENT YEAR 2012-13. 2. THE GRIEVANCE OF THE ASSESSING OFFICER IS AS FO LLOWS:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD . COMMISSIONER OF INCOME-TAX (APPEALS) HAS ERRED IN LAW AND ON FACTS BY ALLOWING DEDUCTION OF RS.4,17,24,780/- U/S 80IA(4) OF THE I.T. ACT, 1961 WHICH WAS DISALLOWED BY THE ASSESSING OFFICER AFTER FULL AND PROPER JUSTIFICATI ON OF THE FACTS, THEREFORE, THE ORDER OF THE ASSESSING OFFICER IS REQUIRED TO BE UP HELD. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE AF ORESAID ISSUE IS COVERED, IN FAVOUR OF THE ASSESSEE, BY THE ORDER DATED 27.10.20 17 PASSED BY THE COORDINATE ITA NO. 3120/AHD/2015 DCIT VS. RANJIT PROJECTS PVT LTD ASSESSMENT YEAR : 2012-13 PAGE 2 OF 2 BENCH, IN ASSESSEES OWN CASE FOR THE ASSESSMENT YE ARS 2009-10, 2010-11 AND 2011-12, WHEREIN THE TRIBUNAL HAS HELD AS UNDER:- 11. IN OUR CONSIDERED OPINION, ASSESSEE HAS DEVELO PED, OPERATED AND WAS TO TRANSFER THE PROJECT IN AGREEMENT WITH THE CONSTITU TIONAL BODY I.E. AN AGENCY AS DEFINED UNDER SECTION 2(E) OF THE GUJARAT INFRASTRU CTURE DEVELOPMENT ACT, 1999 UNDER THE GUJARAT DEVELOPMENT ACT AND ALSO IN DIRECT AND EXPLICIT AGREEMENT AND APPROVAL OF GUJARAT GOVERNMENT WHICH HAS GIVEN LAND AND ALLOWED TO COLLECT TOLL FEE. ASSESSEE COMPANY FULFILS THE CONDITIONS AS REQUIRED UNDER SECTION 80IA(4) INCLUDING SECTION 80IA(4)(I)(B) AND HAS DEVELOPED, OPERATED AND WAS TO TRANSFER THE INFRASTRUCTURE FACILITY AND THEREFORE, IS ELIGIBLE FOR THE DEDUCTION CLAIMED UNDER THE SECTION. 12. WITH THE ABOVE OBSERVATION, WE ARE OF THE CONS IDERED OPINION THAT GSRDC IS AN EXTENDED ARMS OF THE GUJARAT STATE AND IS ENTITLE TO ELIGIBLE FOR DEDUCTION. THEREFORE, WE DISMISS ALL THREE APPEALS IN ITA NOS. 2296, 2304 & 2305/AHD/2014 FOR ASST. YEARS 2009-10, 2010-11 & 20 11-12 RESPECTIVELY. 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY THE CO-ORDINATE BENCH. RESPECTFULLY FOLLOW ING THE VIEWS SO TAKEN BY THE CO- ORDINATE BENCH (SUPRA) IN ASSESSEES OWN CASE FOR A YS 2009-10 TO 2011-12 VIDE ITA NOS.2296, 2304 & 2305/AHD/2014, THE ISSUE RAISED BY THE ASSESSING OFFICER IN THIS APPEAL IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 2 ND DAY OF JANUARY, 2018. SD/- SD/- S S GODARA PRAMOD KUM AR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 2 ND DAY OF JANUARY, 2018 =U COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD