ITO - 10(2)-3, MUMBAI V. M/s. CHHABHAIYA BUILDERS P. LTD., MUMBAI

ITA 4447/MUM/2006

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2196 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2010
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: G
• Next Hearing Date: 19-04-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 04-08-2006
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: D SONGATE
• Assessee Lawyers: K SHIVARAM
• Keywords: Set aside

Judgement Text

ITA 4447/M/06 1 IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G ,MUMBAI BEFORE SHRI R.S. SYAL (AM) & SHRI VIJAY PAL RAO (JM ) I.T.A.NO. 4447 /MUM/2006 (A.Y. 2003-04) INCOME-TAX OFFICER-10(2)-3, R.NO.431, 4 TH FLOOR, AAYKAR BHAVAN, M.K.RD., MUMBAI-400 020. VS. M/S.CHHABHAIYA BUILDERS P.LTD., SHOP NO.13, NAVRATNA BLDG., NEW MANEKLAL ESTATE, GHATKOPAR(W),MUMBAI-77. PAN: AABCC1796M APPELLANT RESPONDENT APPELLANT BY SHR I D. SONGATE. RESPONDENT BY SHRI K . SHIVARAM. O R D E R PER R.S. SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 30-05-2006 IN RELATION TO THE ASSTT. YEAR 2003-0 4. 2. THE ONLY GRIEVANCE OF THE REVENUE IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION MADE BY THE AO AMOUNTING TO RS.62,46,918/- U/S.80IB(10) OF THE ACT. 3. BOTH SIDES ARE IN AGREEMENT THAT THE ISSUE RAISE D IN THE PRESENT APPEAL HAS BEEN DECIDED BY THE SPECIAL BENCH OF THE TRIBUNAL IN BRAHMA ASSOCIATES VS. JCIT (2009) 30 SOT 155 (PUNE SB). UNDER SUCH CIRCUMSTAN CES, WE SET ASIDE THE IMPUGNED ORDER AND RESTORE THE MATTER TO THE FILE O F AO FOR DECIDING THE ISSUES INVOLVED IN THE PRESENT APPEAL AFRESH IN THE LIGHT OF THE DECISION OF THE SPECIAL BENCH IN THE CASE OF BRAHMA ASSOCIATES (SUPRA). NEE DLESS TO SAY THE ASSESSEE WILL BE ALLOWED A REASONABLE OPPORTUNITY OF BEING H EARD BY THE AO. ITA 4447/M/06 2 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THE 20TH DAY OF APRIL, 2010. SD/- S D/- (VIJAY PAL RAO) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 20TH APRIL , 2010. NG: COPY TO : 1. ASSESSEE. 2.DEPARTMENT. 3 CIT(A)X,MUMBAI. 4 CIT, MC-X,MUMBAI. 5.DR,G BENCH,MUMBAI. 6.GUARD FILE. (TRUE COPY) BY ORDER, NG: ASST.REGISTRAR, ITAT, MUMBAI. ITA 4447/M/06 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 19-4-2010 SR.PS/ 2 DRAFT PLACED BEFORE AUTHOR 19-4-2010 SR.PS/ 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER