ITO Wd. - 3(1), V. NCC - SMC (JV),

ITA 4842/MUM/2006

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7874 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 16-06-2014
• Assessment Year: 2004-2005
• Appeal Filed On: 08-09-2006
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRA BHAT JHA; S S RANA PEEYUSH JAIN
• Assessee Lawyers: M SUBRAMANIAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI R.S.PADVEKAR, JM ITA NO.4842/MUM/2006 : ASST.YEAR 2004-2005 THE INCOME-TAX OFFICER WARD 3(1) THANE. VS. M/S.NCC SMC (JV) 1 ST FLOOR, KONARK TOWERS NR.SAIBABA TEMPLE GHANTALIDEVI ROAD, THANE (WEST) (APPELLANT) (RESPONDENT) APPELLANT BY : S/SHRI S.S.RANA, PEEYUSH JAIN & PRAB HAT JHA RESPONDENT BY : SHRI M.SUBRAMANIAN O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 28.6.2006 I N RELATION TO THE ASSESSMENT YEAR 2004-2005 GRANTING DEDUCTION U/S.80-IA(4). 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT TH E ASSESSEE, A CIVIL CONTRACTOR, CLAIMED DEDUCTION U/S.80-IA IN RESPECT OF WATER SUP PLY PROJECT FOR HYDERABAD METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD. THE A SSESSING OFFICER DID NOT ACCEPT THE ASSESSEES CONTENTION AND DENIED THE BEN EFIT OF DEDUCTION U/S.80-IA. THE LEARNED CIT(A) CONCURRED WITH THE SUBMISSION ADVANC ED ON BEHALF OF THE ASSESSEE AND OVERTURNED THE ASSESSMENT ORDER ON THIS ISSUE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. BOTH THE SIDES ARE IN AGREEMENT THAT THE FA CTS AND CIRCUMSTANCES OF THIS APPEAL ARE MUTATIS MUTANDIS SIMILAR TO THOSE CONSIDERED BY THE LARGER BENCH OF THE TRIBUNAL IN THE CASE OF M/S . B.T.PATIL & SONS BELGAUM CONSTRUCTION PRIVATE LIMITED VS. ACIT [(2010) 36 SOT 171 (MUM) (LB)] IN WHICH IT HAS BEEN HELD THAT THE BENEFIT OF DEDUCTION U/S.80-IA(4) IS AVAILABLE ONLY TO THE DEVELOPER OF INFRASTRUCTURE FACILITY AND NOT TO A CONTRACTOR. TH E LEARNED COUNSEL FOR THE ASSESSEE ITA NO.4842/MUM/2006 M/S.NCC SMC (JV) 2 COULD NOT POINT OUT ANY DISTINGUISHING FEATURE IN T HE FACTS OF THE CASE CONSIDERED BY THE LARGER BENCH (SUPRA) VIS--VIS THOSE OF THE INSTANT CASE. RESPECTFULLY FOLLOWING THE PRECEDENT WE OVERTURN THE IMPUGNED OR DER ON THIS ISSUE AND RESTORE THE ORDER OF THE A.O. IT IS, THEREFORE, HELD THAT THE ASSESSEE IS NOT ENTITLED TO DEDUCTION U/S 80IA(4). 4. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED ON THIS 9 TH DAY OF FEBRUARY, 2010. SD/- SD/- (R.S.PADVEKAR) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT ME MBER MUMBAI : 9 TH FEBRUARY, 2010. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - I, THANE. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI. ITA NO.4842/MUM/2006 M/S.NCC SMC (JV) 3 DATE INITIAL 1. DRAFT DICTATED ON 08.02.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 09.02.2010 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/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 9. DATE OF DISPATCH OF ORDER. *