I.T.O. 25(2)(4), MUMBAI V. VANDANA ENTERPRISES, MUMBAI

ITA 4524/MUM/2012

• Counselvise Citation: 452419914 RSA 2012
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2005-2006
• Appeal Filed On: 04-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F , BENCH , MUMBAI , BEFORE SHRI R.K.GUPTA , J M & SHRI R.S.SYAL , A M TA NO S . 4524 & 4525/ MUM / 20 1 2 ( ASSESSMENT YEAR S : 200 5 - 06 & 200 9 - 10 ) ITO 25(2)(4), MUMBAI - 51 VS. M/S VANDANA ENTERPRISES, B - 602, PREM NAGAR BLDG. NO. 6, MCF, UDYAN MARG, BORIVALI (W), MUMBAI - 400 092 PAN/GIR NO. : A AA FV 1466 H ( APPELLANT ) .. ( RESPONDENT ) /REVENUE BY : MR. ANURAG SHRIVASTAVA /ASSESSEE BY : MR. SAMEER DALAL DATE OF HEARING : 7 TH AUGUST , 201 3 DATE OF PRON OUNCEMENT : 21 ST AUGUST , 2013 O R D E R P ER SHRI R.K.G UPTA, JM : THESE TWO APPEALS HAVE BEEN PREFERRED BY THE DEPARTMENT AGAINST THE ORDER OF LEARNED CIT(A) , MUMBAI FOR ASSESSMENT YEARS 200 5 - 06 & 2009 - 10 , RESPECTIVELY . 2 . S INCE COMMON ISSUES ARE INVOLVED IN BOTH THE CASES, THEREFORE, FOR THE SAKE OF CONVENIENCE, BOTH THE CASES HAVE BEEN HEARD AND DISPOSED OF BY THIS CONSOLIDATED ORDER. 3 . IN BOTH THESE APPEALS THE DEPARTMENT IS OBJECTING IN ALLOWING DEDUCTION UNDER SECTION 80IB(10) I TA NO S . 4524 & 4525 /1 2 2 4 . THE AO DID NOT ALLOW THE DEDUCTION UNDER SECTION 80IB (10) IN RESPECT OF THE ENTIRE PROJECT ON THE FOLLOWING GROUNDS: - A. COMMENCEMENT CERTIFICATE IS DATED 30 - 4 - 1990 I.E. PRIOR TO 01.10.1998, B. SIZE OF PLOT FOR BUILDING G WAS LESS THAN 1 ACRE IN VIEW OF THERE ARE OTHER BUILDINGS NAMELY A,B,C,D.E., E1 AND F. C. SOME OF THE FLATS WERE JOINED AND AREA OF THE SAME WAS ABOVE 100 SQ.FT. 5 . IN APPEAL, THE CIT(A) ALLOWED THE DEDUCTION FOR BOTH OF THE YEARS BY OBSERVING THAT THE TRIBUNAL HAS ALLOWED THE ISSUE IN FAVOUR OF THE ASSESSEE FOR ASSESSMENT YEAR 2003 - 04 AND 2004 - 05 ON SIMILAR FACTS. NOW, THE DEPARTMENT IS IN APPEALS HERE BEFORE THE TRIBUNAL. 6 . LEARNED DR PLACED RELIANCE ON THE ORDER OF THE AO. ON THE OTHER HAND, LEARNED COUNSEL OF THE ASSE SSEE PLACED RELIANCE ON THE ORDER OF CIT(A) . 7 . AFTER CONSIDERING THE ORDER OF AO AND LEARNED CIT(A), WE FOUND THAT LEARNED CIT(A) HAS ALLOWED THE ISSUE IN FAVOUR OF THE ASSESSEE FOLLOWING ORDER OF TRIBUNAL FOR ASSESSMENT YEAR 2003 - 04 & 2004 - 05 , DECIDED I N ITA NO.1251/M/2007 AND 6240/M/2008 VIDE ORDER DATED 24 - 2 - 2012 . C OPY OF THE ORDER OF T HE TRIBUNAL IS PLACED ON RECORD . 8. SINCE THE ISSUE HAS BEEN DECIDED FOLLOWING THE ORDER OF THE TRIBUNAL IN CASE OF ASSESSEE ITSELF FOR EARLIER YEAR, THEREFORE, WE SEE NO UNREASONABLENESS IN THE FINDINGS OF THE LEARNED CIT(A), WHO ALLOWED THE DEDUCTION UNDER SECTION 80IB FOR BOTH OF THE YEARS. ACCORDINGLY, WE CONFIRM THE ORDER OF THE CIT(A) FOR BOTH OF THE YEARS. I TA NO S . 4524 & 4525 /1 2 3 9 . RESULTANTLY , APPEAL S OF THE DEPARTMENT ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF AUG . 201 3 . SD/ - ( ) ( R.S.SYAL ) SD/ - ( ) ( R.K.GUPTA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 21/08 / 2013 /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE C I T(A) , MUMBAI . 4. / C I T 5. / DR, ITAT, MUMBAI . 6. GUARD FILE. //TRUE COPY// / BY ORDER, ( /ASSTT. REGISTRAR) / ITAT, MUMBAI