DCIT CEN CIR 6, MUMBAI V. CHEMBUR TRADING CORPORATION, MUMBAI

ITA 4275/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3385 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 16-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUM BAI BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI AMARJIT SINGH, JM / I.T.A. NO.4275/MUM/14 ( / ASSESSMENT YEAR: 2010-11) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6 OLD CGO BLDG. ANNEXE, 9 TH FLOOR, M.K.ROAD, MUMBAI - 400020 / VS. M/S. CHEMBUR TRADING CORPORATION PLOT NO.219, LAALASIS, 11 TH ROAD, CHEMBUR, MUMBAI - 400071 ./ ./ PAN/GIR NO. : AADFC2722Q ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 17.12.2015 /DATE OF PRONOUNCEMENT: 23.03.2016 !' / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 04.04.2014 PASSED BY THE LEARNED COMMISSIONER OF IN COME TAX (APPEALS)-36, MUMBAI [HEREINAFTER REFERRED TO AS TH E CIT(A)] FOR THE ASSESSMENT YEAR 2010-11. 2. THE REVENUE HAS RAISED THE SOLE POINT OF DELETIN G THE DISALLOWANCE U/S.80-IB(10) OF THE INCOME TAX ACT, 1 961( IN SHORT THE ACT) BY THE LEARNED CIT(A) BY VIRTUE OF ORDER DATED ASSESSEE BY: SHRI J. P. BAIRAGRA DEPARTMENT BY: SHRI AKHILENDRA P. YADAV I.T.A. NO.4275/MUM/14 A.Y. 2010-11 2 04.04.2014 IN QUESTION. ASSESSING OFFICER DID NOT ALLOW THE DEDUCTION U/S.80-IB(10) OF THE ACT IN RESPECT TO TH E APPELLANTS FIRM PROJECT AT ANIK VILLAGE, CHEMBUR AMOUNTING TO RS.5, 77,36,674/-. WHILE DISALLOWING THE SAID AMOUNT THE ASSESSING OFF ICER RELIED UPON THE EARLIER ASSESSMENT ORDER FOR THE A.Y.2008- 09 WHEREIN THE CLAIM OF THE ASSESSEE WAS DECLINED. IN APPEAL AGAI NST THE ORDER FOR THE A.Y.2008-09 THE LEARNED CIT(A) ALLOWED THE DEDU CTION U/S. U/S.80-IB(10) OF THE ACT . THE REVENUE FILED THE A PPEAL BUT THE APPEAL OF THE REVENUE WAS DISMISSED BY THE INCOME T AX APPELLATE TRIBUNAL, MUMBAI BENCH AND CONFIRMED THE FINDING OF LEARNED CIT(A). IN THE INSTANT CASE THE LEARNED CIT(A) AL LOWED THE APPEAL OF THE ASSESSEE ON THE BASIS OF ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.4517/MUM/2011 FOR A.Y. 2008-09 IN THE ASSESSEES OWN CASE. THE GROUND WHICH HAS BEE N TAKEN BY THE ASSESSING OFFICER FOR DISALLOWANCE THE DEDUCTION U/ S.80-IB(10) IS NOWHERE IN EXISTENCE NOW. IN VIEW OF THE DECISION OF THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH IN ITA NO.4517/MUM/2011 FOR A.Y.2008-09 IN THE ASSESSEES OWN CASE, WE ARE OF THE VIEW THAT THE MATTER OF CONTROVERSY I S THE QUITE SAME AND FULLY COVERED BY THE ABOVE SAID ORDER. NOTHING INCRIMINATING MATERIAL IS ON RECORD TO WHICH IT CAN BE ASSUMED TH AT THE APPELLANT IS NOT ENTITLED FOR THE DEDUCTION U/S.80-IB(10). S INCE THE PRESENT CASE IS FULLY COVERED BY THE ITA NO.4517/MUM/2011 F OR A.Y.2008-09 IN THE ASSESSEES OWN CASE, THEREFORE W E ARE OF THE VIEW THAT THE LEARNED CIT(A) HAS PASSED THE JUDGMEN T JUDICIOUSLY I.T.A. NO.4275/MUM/14 A.Y. 2010-11 3 AND CORRECTLY WHICH DOES NOT REQUIRE TO BE INTERFER E WITH AT THIS APPELLATE STAGE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH , 2016. SD/- SD/- (D.KARUNAKARA RAO) (AMARJIT SINGH) ! / ACCOUNTANT MEMBER $% ! /JUDICIAL MEMBER & ' MUMBAI; (! DATED : 23 RD MARCH, 2016 MP MP MP MP !' #' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( ) / THE CIT(A)- 4. ) / CIT 5. *+, %%-. , -. , & ' / DR, ITAT, MUMBAI 6. ,/0 1 / GUARD FILE. / BY ORDER, * % //TRUE COPY// $ / % & (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI