ACIT, Circle-4, Pune V. Brahma Associates, Pune

ITA 369/PUN/2013

• Counselvise Citation: 36924514 RSA 2013
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 05-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHE B, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO.369/PN/2013 (ASSESSMENT YEAR : 2009-10) INCOME TAX OFFICER, WARD 4(5), PUNE. . APPELLANT VS. BRAHMA ASSOCIATES, C/O RESIDENCY CLUB, 3, QUEENS GARDEN ROAD, PUNE 411 001. PAN : AAAJB0412B . RESPONDENT DEPARTMENT BY : SHRI S. P. WALIMBE ASSESSEE BY : SHRI KISHORE PHADKE DATE OF HEARING : 12-03-2014 DATE OF PRONOUNCEMENT : 20-03-2014 ORDER PER G. S. PANNU, AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-II, PUNE DATED 10.09.2012 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 23.12.2011 PAS SED BY THE ASSESSING OFFICER U/S 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) PERTAINING TO THE ASSESSMENT YEAR 2009-10. 2. IN THIS APPEAL THE ONLY GRIEVANCE OF THE REVENUE IS WITH REGARD TO THE ACTION OF THE CIT(A) IN ALLOWING THE ASSESSEES CLA IM FOR DEDUCTION U/S 80IB(10) OF THE ACT IN RESPECT OF A HOUSING PROJECT WHICH COMPRISED OF INTER- ALIA, CERTAIN COMMERCIAL AREA ALSO. 3. AT THE TIME OF HEARING, IT WAS COMMON GROUND BET WEEN THE PARTIES THAT THE CLAIM OF THE ASSESSEE PERTAINS TO A PROJECT WHI CH WAS A SUBJECT-MATTER OF CONSIDERATION IN PROCEEDINGS FOR THE EARLIER ASSESS MENT YEAR SUPPORTING FROM 2003-04 TO 2006-07. IT WAS ALSO A COMMON POINT BET WEEN THE PARTIES THAT THE ITA NO.369/PN/2013 A.Y. 2009-10 CLAIM IN THE YEAR UNDER CONSIDERATION STANDS FACTUA LLY PARI-MATERIA WITH THE CLAIM CONSIDERED BY THE HONBLE BOMBAY HIGH COURT I N THE ASSESSEES OWN CASE RELATING TO ASSESSMENT YEAR 2003-04 WHICH IS R EPORTED 333 ITR 289 (BOM). 4. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS FURNISHED COPIES OF THE ORDERS OF THE TRIBUNAL FOR ASSESSMENT YEARS 2004-05, 2005-06 AND 2006-07 WHEREIN THE POSITION UPHELD BY THE HONBLE HIGH COURT IN ASSESSMENT YEAR 2003-04 HAS BEEN FOLLOWED. IT W AS ALSO A COMMON POINT BETWEEN THE PARTIES THAT THE CIT(A) HAS ALLOWED THE RELIEF FOLLOWING THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN THE AS SESSEES OWN CASE FOR ASSESSMENT YEAR 2003-04 (SUPRA). 5. IN VIEW OF THE AFORESAID PRECEDENTS, WHICH CONTI NUE TO HOLD THE FIELD, WE HEREBY AFFIRM THE ORDER OF THE CIT(A) AND THE APPEA L OF THE REVENUE HAS TO FAIL. 6. RESULTANTLY, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH MARCH, 2014. SD/- SD/- (SHAILENDRA KUMAR YADAV) (G. S. PANNU) JUDICIAL MEMBER ACCOUNT ANT MEMBER PUNE, DATED : 20 TH MARCH, 2014 SUJEET/GCVSR COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-II, PUNE; 4) THE CIT-II, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE