DCIT, New Delhi V. M/s. Omaxe Buildhome (P) Ltd., New Delhi

ITA 5133/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4203 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 29-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALKA GAUTAM
• Section: 133A; 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : E : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.5133/DEL/2016 ASSESSMENT YEAR : 2012-13 DCIT, CENTRAL CIRCLE-4, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI. VS. OMAXE BUILDHOME (P) LTD., 10, LSC, KALKAJI, NEW DELHI. PAN: AAACO8533D (APPELLANTS) (RESPONDENTS) ASSESSEE BY : NONE DEPARTMENT BY : MS ALKA GAUTAM, SR. DR DATE OF HEARING : 04.01.2018 DATE OF PRONOUNCEMENT : 05.01.2018 ORDER PER R.S. SYAL, VP: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 25.07.2016 IN RELATION TO THE ASSE SSMENT YEAR 2012-13. ITA NO.5133/DEL/2016 2 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINS T THE ALLOWING OF DEDUCTION U/S 80IB (10) AMOUNTING TO RS.59,67,464/- . 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE IS ENGAGED IN THE BUSINESS OF REAL ESTATE DEVELOPMENT AND UNDERTA KES CONSTRUCTION OF LARGE-SCALE PROJECTS AND SHOPPING/COMMERCIAL COMPLE XES. THE RETURN WAS FILED CLAIMING DEDUCTION U/S 80IB(10) AMOUNTING TO RS.1,48,79,439/- IN RESPECT OF PROFITS ARISING FROM HOUSING PROJECT, NA MELY, OMAXE GRAND WOODS. SURVEY OPERATION U/S 133A WAS CARRIED OUT O N 17/18.12.2009 AT THE PREMISES OF THE ASSESSEE DURING WHICH CERTAIN A LLEGED INCRIMINATING DOCUMENTS WERE FOUND. ON BEING CALLED UPON TO EXPL AIN AS TO WHY THE BENEFIT OF DEDUCTION BE NOT DENIED, THE ASSESSEE TE NDERED EXPLANATION WHICH HAS BEEN REPRODUCED IN THE ASSESSMENT ORDER. NOT CONVINCED, THE ASSESSING OFFICER DENIED THE BENEFIT OF DEDUCTION B Y RELYING ON THE ORDERS PASSED BY HIM FOR THE ASSESSMENT YEAR 2007-08 TO 20 09-10. THE LD. CIT(A) GRANTED THE BENEFIT OF DEDUCTION TO THE EXTE NT OF RS.59,67,464/-, AGAINST WHICH THE REVENUE HAS COME UP IN APPEAL BEF ORE US. ITA NO.5133/DEL/2016 3 4. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF TH E ASSESSEE DESPITE NOTICE. WE ARE, THEREFORE, PROCEEDING TO DISPOSE O F THIS APPEAL ON MERITS EX PARTE QUA THE ASSESSEE. IT IS OBSERVED THAT THE ASSESSING OF FICER HAS DENIED THE BENEFIT OF DEDUCTION BY RELYING ON THE V IEW CANVASSED BY HIM IN THE ASSESSMENT ORDERS PASSED FOR THE ASSESSMENT YEARS 2007-08 TO 2009- 10. THESE ORDERS WERE CHALLENGED IN APPEAL BEFORE THE FIRST APPELLATE AUTHORITY, WHO ACCEPTED THE ASSESSEES CLAIM AND TH E ORDERS PASSED BY THE CIT(A) FOR THESE THREE YEARS WERE CLAIMED TO HAVE B EEN APPROVED BY THE TRIBUNAL VIDE ITS ORDER DATED 12.11.2015 IN ITA NOS .5373, 4031 & 4032/DEL/2013 AND, FURTHER, BY THE HON'BLE DELHI HI GH COURT IN ITS CONSOLIDATED ORDER DATED 20.05.2016. THIS POSITION IS BROUGHT OUT FROM THE PENULTIMATE PAGE OF THE IMPUGNED ORDER. IN VIE W OF THE FACT THAT THE LD. CIT(A) GRANTED RELIEF TO THE EXTENT OF RS.59,67 ,464/- ON THE BASIS OF THE TRIBUNAL ORDERS PASSED FOR THE ABOVE REFERRED THREE YEARS WHICH HAVE BEEN AFFIRMED BY THE HON'BLE HIGH COURT, THERE CAN BE NO QUESTION OF INTERFERING WITH THE SAME. THE IMPUGNED ORDER TO T HIS EXTENT IS UPHELD. ITA NO.5133/DEL/2016 4 5. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 05.01.20 18. SD/- SD/- [SUDHANSHU SRIVASTAVA] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 05 TH JANUARY, 2018. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.