ACIT, CHENNAI V. M/s. SAS Hotels & Enterprises Ltd., CHENNAI

ITA 477/CHNY/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 5020 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-05-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 10-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAMACHANDRA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH A BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A. NOS. 477, 478 & 479/MDS/2011 ASSESSMENT YEARS : 2003-04, 2004-05 & 2005-06 THE ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-IV(2), CHENNAI-34. VS. M/S. SAS HOTELS & ENTERPRISES LTD., 3, MANGESH STREET, T. NAGAR. CHENNAI-17. PAN AAECS 1194 C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAJI P. JACOB RESPONDENT BY : SHRI RAMACHANDRA RAO O R D E R PER DR. O.K.NARAYANAN, VICE PRESIDENT THESE THREE APPEALS ARE FILED BY THE REVENUE. THE RELEVANT ASSESSMENT YEARS ARE 2003-04, 2004-05 AND 2005-06. THE APPEALS FOR THE ASSESSMENT YEARS 2003-04 AND 2004-0 5 ARE DIRECTED AGAINST THE COMMON ORDER OF THE COMMISSION ER OF INCOME-TAX (APPEALS)-I, AT CHENNAI DATED 27.12.2010 AND THE APPEAL FOR THE ASSESSMENT YEAR 2005-06 IS DIRECTED AGAINST THE ORDER OF THE SAME COMMISSIONER (APPEALS) OF EVEN DA TE. THE ITA 477 TO 479/11 :- 2 -: APPEALS ARISE OUT OF THE ASSESSMENTS COMPLETED UNDE R SEC.153 READ WITH SEC. 143[3] OF THE INCOME-TAX ACT, 1961. 2. THE COMMON GROUND RAISED BY THE REVENUE IN THESE APPEALS IS THAT THE COMMISSIONER OF INCOME-TAX (APP EALS) HAS ERRED IN HOLDING THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION UNDER SEC.80IA, ON THE WINDMILL OWNED BY IT. THE COMMISS IONER OF INCOME-TAX (APPEALS) HAS ACCEPTED THE CONTENTION OF THE ASSESSEE AND ALLOWED THE BENEFIT OF SEC.80IA, ON TH E BASIS OF THE DECISION OF THE INCOME-TAX APPELLATE TRIBUNAL, CHEN NAI B BENCH IN ASSESSEES OWN CASE IN I.T.A.NO.2176/MDS/2008 DA TED 8.1.2010 WHICH HAS NOT BECOME FINAL AND THE MATTER HAS BEEN TAKEN UP IN APPEAL BEFORE THE HON'BLE MADRAS HIGH CO URT. 3. WHEN THE APPEALS WERE DISPOSED OF BY THE COMMISS IONER OF INCOME-TAX (APPEALS) THE ONLY BINDING ORDER AVAILAB LE TO HIM WAS THE ORDER PASSED BY THE JURISDICTIONAL TRIBUNAL. H E IS BOUND BY THAT. NOW WHEN THESE MATTERS ARE PLACED BEFORE US, THE SITUATION CONTINUES AS SUCH. THE HON'BLE HIGH COURT HAS NOT S O FAR DELIVERED ANY JUDGMENT AGAINST THE SAID ORDER OF TH E TRIBUNAL. THEREFORE, WE ARE ALSO BOUND BY THE EARLIER ORDER O F THE CO- ORDINATE BENCH. ITA 477 TO 479/11 :- 3 -: 4. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, WE F IND THAT THESE THREE APPEALS FILED BY THE REVENUE ARE LIABLE TO BE DISMISSED. ORDERS PRONOUNCED ON MONDAY, THE 30 TH DAY OF MAY, 2011 AT CHENNAI. SD/- SD/- (GEORGE MATHAN) JUDICIAL MEMBER (DR. O.K.NARAYANAN) VICE-PRESIDENT CHENNAI, DATED : 30 TH MAY, 2011 MPO* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR