HIGH CLASS BUILDERS P.LTD, MUMBAI V. DCIT RG 10(3), MUMBAI

ITA 3544/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8387 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 09-06-2015
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 3544 /MUM/20 15 (ASSESSMENT YEAR 20 10 - 11 ) M/S. HIGH CLASS BUILDERS PVT. LTD. 502 - B, POONAM CHAMBERS A WING, DR.ANNIE BESANT ROAD, SHIVSA GAR ESTATE WORLI(S), MUMBAI - 400 0018. VS. DCIT 10(3) MUMBAI. ( APPELLANT ) ( RESPONDENT ) PAN NO . AAACH11285H ASSESSEE BY SHRI KAPIL JAIN DEPARTMENT BY S HRI SAURABHKUMAR DATE OF HEARING 13 .2 . 201 7 DATE OF PRONOUNCEMENT 13 .2 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 2.3.2015 PASSED BY THE LEARNED CIT(A) - 24, MUMBAI FOR A.Y. 2010 - 11 UPHOLDING THE REJECTION OF DEDUCTION CLAIMED U/S. 80IB(10) OF THE ACT. 2. LEARNED COUNSE L APPEARING FOR THE ASSESSEE SUBMITTED THAT AN IDENTICAL ISSUE WAS HEARD BY THE S MC BENCH OF THE ITAT IN ITA NO. 4388/MUM/2016 RELATING TO A.Y. 2009 - 10 AND THE SMC BENCH HAS RESTORED THE MATTER BACK TO THE FILE OF THE LEARNED CIT(A) , SINCE THE FIRST APPELLA TE AUTHORITY HAD DISPOSED OF THE APPEAL RELATING TO A.Y. 2009 - 10 WITHOUT DISPOSING OF THE APPEAL RELATING TO A.Y. 2008 - 09. LEARNED AR SUBMITTED THAT THE DECISION THAT MAY BE TAKEN BY LD CIT(A) IN A.Y. 2008 - 09 WOULD HAVE IMPACT IN A.Y. 2009 - 10 AND 2010 - 11 ALSO. FURTHER, HE SUBMITTED THAT THE LEARNED CIT(A) HAS DISPOSED OF THE APPEAL WITHOUT PROPERLY HEARING THE ASSESSEE. UNDER THESE SET OF FACTS, HE PRAYED THAT THE ISSUES URGED IN THIS APPEAL MAY ALSO BE SET ASIDE TO THE FILE OF THE LEARNED M/S. HIGH CLASS BUILDERS PVT. LTD. 2 CIT(A) FOR DISP OSING THEM ALONG WITH THE APPEALS RELATING TO A.Y. 2008 - 09 & 2009 - 10. 3. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RECORD. HAVING REGARD TO THE SUBMISSIONS MADE, WE FIND MERIT IN THE PRAYER OF THE ASSESSEE. ACCORDINGLY, WE SET ASI DE THE ORDER PASSED BY THE LEARNED CIT(A) AND RESTORE THE SAME TO HIS FILE WITH IDENTICAL DIRECTIONS ISSUED BY THE SMC BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE RELATING TO A.Y. 2009 - 10 (REFERRED SUPRA) 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 13 . 2 .201 7. SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 13 / 2 / 20 1 7 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) PS ITA T, MUMBAI