Bhubaneswar Development Authority, Bhubaneswar V. JCIT, Range-1, Bhubaneswar

ITA 424/CTK/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4383 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 01-02-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 05-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAAD KIDWAI CIT DR D K PRADHAN
• Assessee Lawyers: G NAIKRAJAT KAR

Judgement Text

1 BHUBANESWAR DEVELOPMENT AUTHORITY IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 424 /CTK/2016 : ASSESSMENT YEAR: 2010 - 2011 ITA NO. 38 /CTK/201 7: ASSESSMENT YEAR : 20 05 - 2006 ITA NO. 3 9 /CTK/201 7: ASSESSMENT YEAR : 20 12 - 201 3 ITA NO. 199 /CTK/201 7: ASSESSMENT YEAR : 20 08 - 2009 ITA NO. 200 /CTK/201 7: ASSESSMENT YEAR : 2011 - 2012 BHUBANESWAR DEVELOPMENT AUTHORITY, AKASH SHOVA BUILDING, SACHIVALAYA MARG, BHUBANESWAR. VS. JCIT, RANGE - 1, BHUBANESWAR DCIT, CIRCLE - 1(1), BHUBANESWAR PAN/GIR NO. AAALB 0073 G (APPELLANT ) .. ( RESPONDENT ) ITA NO. 236 /CTK/201 7: ASSESSMENT YEAR: 20 08 - 2009 ITA NO. 237 /CTK/201 7: ASSESSMENT YEAR : 20 09 - 2010 ITA NO. 238 /CTK/201 7: ASSESSMENT YEAR : 20 11 - 2012 DCIT, CIRCLE - 1(1), BHUBANESWAR VS. BHUBANESWAR DEVELOPMENT AUTHORITY, AKASH SHOVA BUILDING, SACHIVALAYA MARG, BHUBANESWAR PAN/GIR NO. (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI G.NAIK/RAJAT KAR, AR REVENUE BY : SHRI SAAD KIDWAI, CIT DR /D.K.PRADHAN, DR DATE OF HEARING : 1 / 0 2 / 201 8 DATE OF PRONOUNCEMENT : 1 / 0 2 / 201 8 O R D E R PER BENCH: THESE ARE APPEALS FILED BY THE ASSESSEE AND THE DEPARTMENT AGAINST DIFFERENT ORDER S OF THE CIT(A) - 1, BHUBANESWAR IN RESPECT OF QUANTUM APPEAL S AND PENALTY U/S.271B AND 271(1)(C) OF THE ACT. 2 BHUBANESWAR DEVELOPMENT AUTHORITY 2. AT THE OUTSET, LD A.R. OF THE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER HAS PASSED ORDERS PRIOR TO GRANT OF REGISTRATION U/S.12A A OF THE ACT AND, THEREFORE, THE ASSESSMENTS HAVE BEEN MADE ON A HIGHER SIDE AND FURTHER, THE ASSESSEE WAS GRANTED REGISTRATION U/S.12A A OF THE ACT BY THE ORDER OF THE TRIBUNAL IN ITA NO.329/CTK/2013 ORDER DATED 26.5.2017 , COPY OF THE ORDER IS PLACED ON REC ORD. 3. LD D.R. SUPPORTED THE ORDERS OF LOWER AUTHORITIES. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. BOTH THE PARTIES BEFORE US ADMITTED THAT THE ASSESSMENTS HAVE BEEN COMPLETED I N THE CASE OF THE ASSESSEE PENDING GRANT OF REGISTRATION U/S.12AA OF THE ACT. IT WAS ALSO SUBMITTED THAT THE TRIBUNAL VIDE ITS ORDER DATED 26.5.2017 IN ITA NO.329/CTK/2013 HAS ALLOWED REGISTRATION U/S.12AA OF THE ACT TO THE ASSESSEE AND, THEREFORE, ALL T HE ISSUES INVOLVED IN THESE APPEALS ARE TO BE RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER FOR ADJUDICATION AFRESH. 4. IN VIEW OF ABOVE SUBMISSIONS OF BOTH THE PARTIES, WE SET ASIDE THE ORDERS OF LOWER AUTHORITIES AND REMAND THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER TO RE - ADJUDICATE THE ISSUES INVOLVED IN THESE APPEALS IN THE LIGHT OF REGISTRATION NOW GRANTED TO THE ASSESSEE U/S.12AA OF THE ACT TO THE ASSESSEE. 3 BHUBANESWAR DEVELOPMENT AUTHORITY 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE AND THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 1 / 0 2 /201 8 . SD/ - SD/ - ( N.S SAINI) ( PAVAN KUMAR GADALE) A CCOUNTANT MEMBER JUDICIALMEMBER CUTTACK; DATED 1 / 0 2 /201 8 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT /ASSESSEE : BHUBANESWAR DEVELOPMENT AUTHORITY, AKASH SHOVA BUILDING, SACHIVALAYA MARG, BHUBANESWAR 2. THE RESPONDENT. REVENUE DCIT, 1(1), BHUBANESWAR 3. THE CIT(A) - 1, BHUBANESWAR 4. PR.CIT - 1, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//