The ITO,Wrd-3, Navsari V. M/s. Mac Developers, Bilimora

ITA 3357/AHD/2008

• Counselvise Citation: 335720514 RSA 2008
• Duration Of Justice: 5 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-08-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 08-10-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMADABAD BEFORE SHRI D.K.TYAGI , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ITA NO. 3357/AHD/2008 ASSESSMENT YEAR :2005-06 INCOME TAX OFFICER, WARD 3, NAVSARI. V/S . M/S. MAC DEVELOPERS 15, ALIPORIA SOCIETY, SOMNATH ROAD, BILIMORA. PAN NO. A AIFM4667P (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI P. L. KUREEL, SR. D.R. /BY RESPONDENT MS. URVASHI SHODHAN, A.R. /DATE OF HEARING 13.08.2013 /DATE OF PRONOUNCEMENT 11.10.2013 O R D E R PER : SHRI T.R.MEENA, ACCOUNTANT MEMBER THIS APPEAL WAS DECIDED ON 24.08.2012. AFTER THIS, THE ASSESSEE FILED M.A. NO.214/AHD/2012, WHICH WAS ALLOWED BY THIS BENCH VI DE ORDER DATED 31.01.2013 AND THIS BENCH HAS RECALLED ITS ORDER DATED 24.08.2 012. THE CASE WAS FIXED FOR HEARING AND THE ASSESSEE FILED THE COPY OF HONBLE GUJARAT HIGH COURT DECISION IN CASE OF MANAN CORPORATION VS. ACIT IN TAX APPEAL NO. 1053 O F 2011, ORDER DATED 03/09/2012, ON WHICH THIS BENCH HAS DECIDED THE CASE AGAINST TH E ASSESSEE. 2. LD. SR. D.R. RELIED UPON THE ORDER OF THE A.O. A T THE OUTSET, LD. A.R. ARGUED THAT HONBLE GUJARAT HIGH COURT IN CASE OF MANAN CO RPORATION (SUPRA) HAS BEEN HELD THAT AMENDMENT MADE IN CLAUSE (D) OF SECTION 80-IB( 10) IS PROSPECTIVE NOT RETROSPECTIVE AS IN CASE OF ASSESSEE, THE PROJECT W AS APPROVED BY THE LOCAL AUTHORITY ON 02.05.2002 AND 29.11.2002 BY MIRA BHAYANDAR MUNI CIPAL CORPORATION. THE DATE ITA NO. 3357/AHD/08 A.Y. 05-06 PAGE 2 OF COMMENCEMENT OF PROJECT WAS 29.11.2002 AND PROJE CT WAS COMPLETED ON 14.07.2004. THUS, HE IS ENTITLED TO DEDUCTION U/S. 80-IB(10) OF THE IT ACT. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. THIS BENCH HAS DECIDED ORIGINAL APPEAL ON THE BASIS OF CO-ORDINATE BENCH DECISION IN CASE OF ACIT, CIRCLE VS. M/S. MANAN CORPORATION IN ITA NO. 2424/AHD/2009, ORDER DATED 13.05.2011. THE HONBLE GUJARAT HIGH COURT H AD REVERSED THE ORDER OF THE CO-ORDINATE BENCH BY ITS ORDER DATED 03.09.2012 AND DECIDED THAT THE AMENDMENT IS MADE IN CLAUSE (D) OF SECTION 80-IB(10) IS PROSP ECTIVE AND NOT RETROSPECTIVE. THE AMENDMENT MADE IN THIS SECTION IS SUBSTANTIVE AND I S NOT A CLARIFICATORY AMENDMENT. THEREFORE, IT APPLIES PROJECT APPROVED AFTER 01.04.2005. AS DISCUSSED ABOVE, THE ASSESSEES PROJECT WAS APPROVED IN 2002 AND COMPLETED IN 2004. THEREFORE, WE ALLOW THE APPEAL IN FAVOUR OF ASSESSE E AND ASSESSEE IS ENTITLED TO DEDUCTION U/S. 80-IB(10). 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . THIS ORDER PRONOUNCED IN OPEN COURT ON 11.10.2013 SD/- SD/- ( D.K.TYAGI ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) ,