The ACIT, Circle-2, JAMNAGAR V. M/s. Tacon Infrastructure Pvt. Ltd., PORBANDAR

ITA 364/RJT/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6618 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: ANKIT GOKANI

Judgement Text

: : IN THE INCOME TAX APPELLATE TRIBULAL: RAJKOT BENCH: RAJKOT BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND SHRI K. NAR ASIMHA CHA RY , JUDICIAL MEMBER ./ ITA NO . 364 /R JT /201 3 / ASSESSMENT YEAR : 2010 - 11 ACIT , CIRCLE - 2 , JAMNAGAR VS M/S.TACON INFRASTRUCTURE PVT LTD. , TACON COMPLEX, 3 - WADI PLOT, PORBANDAR. PAN : A ABCT4416D / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI AVINASH KUMAR , D.R ASSESSEE BY : SHRI ANKIT GOKANI , C . A / DATE OF HEARING : 22 / 03/2017 / DATE OF PRONOUNCEMENT: 24 /03/2017 / O R D E R PER SHRI S.V. MEHROTRA , ACCOUNTANT MEMBER : THE DEPARTMENT HAS FILED THE ABOVE APPEAL AG AINST THE ORDER OF LD.CIT(A) - I , RAJKOT DATED 29 / 04 / 201 3 F OR ASSESSMENT YEAR 2010 - 11 . 2. THE EFFECTIVE GROUND RAISED BY THE REVENUE IS AGAINST THE DELETION OF DISALLOWANCE MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DEDUCTION CLAIMED BY THE ASSESSEE OF RS .2,87,73,397/ - U/S80IA(4) OF THE INCOME TAX ACT. 3. AT THE TIME OF HEARING LD.COUNSEL FILE D BEFORE US F ORM NO.8 UNDER RULE 16 OF INCOME TAX, RULES, 1962 WHICH IS A DECLARATION UNDER SECTION 158 A ( 1 ) OF THE INCOME TAX ACT AND SUBMITTED THAT FOR ASSESSMENT Y EAR S 2008 - 09 AND 2009 - 10 TRIBUNAL VIDE IT S ORDER DATED 30/08/2012 IN ITA NO S .353 AND 354/RJT/2012 HAS REMITTED THE MATTER TO THE FILE OF ASSESSING OFFICER TO DECIDE THE ISSUE ON THE BASIS OF THE ITA NO.364/RJT/2013 A.Y.2010 - 11 - 2 - DECISION OF HON BLE GUJARAT HIGH COURT IN ASSESSEE S OWN CASE FOR ASSESSMENT YEARS 2008 - 09 AND 2009 - 10. 4. RESPECTFULLY , FOLLOWING T HE DECISION OF THE TRIBUNAL IN ASSSESEE S OWN CASE IN ASSESSMENT YEAR S 2008 - 09 AND 2009 - 10 (SUPRA) , THE MATTER IS RESTORED BACK TO THE FILE OF ASSESSING OFFICER FOR DECIDING THE ISSUE I N ACCORDANCE WITH THE HON BLE GUJARAT HIGHT COURT IN ASSESSEE S OWN CASE. IN VIEW OF THE ABOVE APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT ON 24 TH MARCH, 2017. SD/ - SD/ - ( K. NAR ASIMHA CHA RY ) JUDICIAL MEMBER ( S.V. MEHROTRA ) ACCOUNTANT MEMBER RAJKOT , DATED 24 / 03 /20 17 * MANISH / COPY OF ORDER FORWARDED TO: - 1 . / APPELLANT - 2 . / RESPONDENT - 3 . / CONCERNED CIT /DIT 4 . - / CIT (A) - IV, RAJKOT 5 . , , / DR, I TAT, RAJKOT 6 . / GUARD FILE. / BY ORDER, / ( DY./ASSTT.REGISTRAR) / ITAT, RAJKOT