Ansal Housing & Construction Ltd, New Delhi V. ACIT CC-20, New Delhi

ITA 3191/DEL/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0935 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2009
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 20-08-2009
• Assessment Year: 2000-2001
• Appeal Filed On: 23-10-2008
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: GAURAV JAIN S
• Keywords: Revision of order; Set aside
• Section: 143(3); 80IB; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI I.P.BANSAL, JM AND SHRI R.C.SHARMA, AM ITA NO.3191/DEL/2008 ASSESSMENT YEAR : 2000-01 M/S ANSAL HOUSING & CONSTRUCTION LIMITED, UGF-15, INDRAPRAKASH BUILDING, 21, BARAKHAMBA ROAD, NEW DELHI. PAN NO.AABTA0326N. VS. ASSTT.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-20, NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AJAY VOHRA, AND SHRI GAURAV JAIN, ADVOCATES. RESPONDENT BY : NONE. ORDER PER R.C.SHARMA, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF CIT DATED 27.8.2008 FOR THE AY 2000-01, IN THE MATTER OF ORDE R PASSED U/S 143(3)/263. 2. AT THE OUTSET, LEARNED AR PLACED ON RECORD THE O RDER OF THE TRIBUNAL IN ASSESSEES OWN CASE DATED 12.6.2009, WHEREIN AN APP EAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT PASSED U/S 263 FOR AY 2000 -01 WAS DISPOSED OF BY THE TRIBUNAL. IT WAS CONTENDED BY LEARNED AR THAT DIRE CTIONS GIVEN BY THE CIT U/S 263 WITH REGARD TO ASSESSEES ELIGIBILITY FOR CLAIM OF DEDUCTION U/S 80IB(10) HAS BEEN MODIFIED BY THE TRIBUNAL, THEREFORE THE ORDER TO BE PASSED BY THE AO SHOULD BE IN CONSONANCE WITH THE MODIFICATIONS CONTAINED IN THE ORDER OF THIS TRIBUNAL. 3. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND FOUND THAT ASSESSEES CLAIM OF DEDUCTION U/S 80IB(10) WAS ALLO WED BY THE AO WHILE FRAMING ASSESSMENT U/S 143(3). THE CIT INVOKED HIS POWER U /S 263 AND HELD THAT PRIMA- ITA-3191/D/2008 2 FACIE THERE WAS NO EVIDENCE ON RECORD TO SHOW THAT ASSESSEE COMPANY FULFILLS ALL CONDITIONS PRESCRIBED FOR CLAIM OF DEDUCTION U/S 80 IB(10). ACCORDINGLY, THE ORDER FRAMED U/S 143(3) WAS SET ASIDE WITH A DIRECTION TO FRAME THE ASSESSMENT AFRESH. THE ASSESSEE APPROACHED TO THE TRIBUNAL AGAINST THE ORDER OF CIT U/S 263 DATED 24.3.2005. THE TRIBUNAL VIDE ITS ORDER DATED 12.6. 2009 HELD THAT DEDUCTION U/S 80IB CAN BE ALLOWED ONLY WITH RESPECT TO THE UNITS WHICH DID NOT EXCEED STATUTORY LIMIT OF 1000 SQ.FT. AND THAT ASSESSEE WOULD NOT BE ENTITLED TO REDUCTION OF THE BUILT UP AREA IN FIVE HOUSES IN EAST OF LONI AND SIX HOUS ES IN AVANTIKA AKRITI. IN VIEW OF THIS DECISION OF THE TRIBUNAL, WE RESTORE THE AP PEAL BACK TO THE FILE OF THE AO FOR DECIDING AFRESH IN TERMS OF THE DIRECTIONS GIVEN BY THE TRIBUNAL AT PARA 17 OF ITS ORDER DATED 12.6.2009. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES, IN TERMS INDICATED HEREINABOVE. DECISION PRONOUNCED IN THE OPEN COURT ON 9 TH OCTOBER, 2009. SD/- SD/- (I.P.BANSAL) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09.10.2009. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR