THE ITO, Hyderabad V. M/s Namaha Estates, Hyderabad

ITA 53/HYD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3176 (ITAT-HYDERABAD)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-06-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 13-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VASUNDHARA SINGHA
• Assessee Lawyers: Y V BHANUNARAYANA RAO
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI AKBER BASHA, ACCOUNTANT MEMEBR ITA NO. 53/HYD/2010 ASSESSMENT YEAR 2006-07 THE I.T.O.- WARD-6(1) HYDERABAD VS. M/S. NAMAHA ESTATES HYDERABAD PAN: AADFN 6354 R APPELLANT RESPONDENT APPELLANT BY: SMT. VASUNDHARA SINGHA RESPONDENT BY: SHRI Y.V. BHANUNARAYANA RAO O R D E R PER N.R.S. GANESAN, JM: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-IV, HYDERABAD DATED 30.10.2009 AND PERTA INS TO ASSESSMENT YEAR 2006-07. THE ONLY ISSUE ARISING FO R CONSIDERATION IS REGARDING GRANT OF DEDUCTION U/S. 80-IB OF THE INCOME-TAX ACT, 1961. 2. WE HEARD SMT. VASUNDHARA SINGHA, THE LEARNED DEPARTMENTAL REPRESENTATIVE AND SHRI Y.V. BHANUNARA YANA RAO, THE LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE. DURING THE COURSE OF HEARING BOTH THE REPRESENTATIV ES FOR THE ASSESSEE AND THE REVENUE VERY FAIRLY CONCEDED THAT THE VERY SAME ISSUE WAS CONSIDERED BY THIS TRIBUNAL IN ASSES SEE'S OWN CASE FOR ASSESSMENT YEAR 2005-06 IN I.T.A. NO. 435/ HYD/09 DATED 25.11.2009 AND FOR THE ASSESSMENT YEAR 2004-0 5 IN I.T.A. NO. 489/HYD/07 AND FOUND THAT THE ASSESSEE IS ENTIT LED FOR DEDUCTION U/S. 80-IB IN RESPECT OF THE FLAT WHICH D OES NOT EXCEED 1500 SQ. FT. IN AREA. IT IS ALSO BROUGHT TO THE NOTICE OF THE BENCH BY THE LEARNED DEPARTMENTAL REPRESENTATIV E AND THE LEARNED AUTHORISED REPRESENTATIVE FOR THE ASSESSEE THAT THE CIT(A) HAS FOLLOWED THE ORDERS OF THIS TRIBUNAL FOR EARLIER ITA NO. 53/HYD/2010 M/S. NAMAHA ESTATES ============ 2 ASSESSMENT YEARS. THE LEARNED COUNSEL FOR THE ASSE SSEE HAS FILED ALL THE COPIES OF THE EARLIER ORDERS OF THIS TRIBUNAL IN ASSESSEE'S OWN CASE IN WHICH IT WAS HELD THAT THE A SSESSEE IS ENTITLED FOR DEDUCTION U/S. 80IB OF THE ACT IN RESP ECT OF THE FLAT WHICH DOES NOT EXCEED 1500 SQ. FT. IN VIEW OF THE ABOVE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LOWER AU THORITY. BY FOLLOWING THE EARLIER ORDERS OF THIS TRIBUNAL IN AS SESSEE'S OWN CASE MORE PARTICULARLY FOR ASSESSMENT YEARS 2003-04 , 2004-05 AND 2005-06 AND FOR THE REASONS STATED THEREIN, WE UPHOLD THE ORDER OF THE LOWER AUTHORITY. 3. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25TH JUNE, 2010. SD/- (AKBER BASHA) ACCOUNTANT MEMBER SD/- (N.R.S. GANESAN) JUDICIAL MEMBER TPRAO HYDERABAD, DATED 25TH JUNE, 2010 COPY FORWARDED TO: 1. THE I.T.O. WARD-6(1), 7TH FLOOR, 'D' BLOCK, I.T. TOWERS, A.C. GUARDS, HYDERABAD. 2. M/S. NAMAHA ESTATES, PLOT NO. 7, DOYEN GALAXY, S RINAGAR COLONY, HYDERABAD. [ 3. THE CIT(A)-IV, HYDERABAD 4 THE CIT-III, HYDERABAD 5. THE DR B BENCH, ITAT, HYDERABAD