M/s Hilltop Builders Pvt. Ltd., Nainital V. ACIT, Nainital

ITA 5609/DEL/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6581 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2016
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 17-11-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 18-10-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N K BANSAL SENIOR
• Assessee Lawyers: DR RAKESH GUPTA; SOMIL AGRAWAL S
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH C CC C : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 5609/DEL/2013 5609/DEL/2013 5609/DEL/2013 5609/DEL/2013 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2010 2010 2010 2010 - -- - 11 1111 11 M/S HILLTOP BUILDERS PRIVATE M/S HILLTOP BUILDERS PRIVATE M/S HILLTOP BUILDERS PRIVATE M/S HILLTOP BUILDERS PRIVATE LIMITED, LIMITED, LIMITED, LIMITED, SETHI NIWAS, SETHI NIWAS, SETHI NIWAS, SETHI NIWAS, TALLITAL, TALLITAL, TALLITAL, TALLITAL, NAINITAL. NAINITAL. NAINITAL. NAINITAL. PAN : AAACH5120M. PAN : AAACH5120M. PAN : AAACH5120M. PAN : AAACH5120M. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, NAINITAL. NAINITAL. NAINITAL. NAINITAL. (APPELLANT) (RESPONDENT) APPELLANT BY : DR. RAKESH GUPTA AND SHRI SOMIL AGRAWAL, ADVOCATES. RESPONDENT BY : SHRI N.K. BANSAL, SENIOR DR. DATE OF HEARING : 17.11.2016 17.11.2016 17.11.2016 17.11.2016 DATE OF PRONOUNCEMENT : 28.11.2016 28.11.2016 28.11.2016 28.11.2016 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2010-11 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-II, DE HRADUN DATED 25 TH JULY, 2013. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IN THIS A PPEAL IS THE ALLOWABILITY OF CLAIM OF DEDUCTION UNDER SECTION 80 -IC OF THE INCOME-TAX ACT, 1961 AMOUNTING TO `54,33,603/-, WHICH HAS BEEN REJECTED BY THE AUTHORITIES BELOW. 3. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LEARNED COUNSEL THAT HON'BLE JURISDICTIONAL HIGH CO URT HAS CONSIDERED SIMILAR MATTER IN JUDGMENT DATED 16 TH JUNE, 2016 IN ITA NO.09 OF 2012 AND OTHERS IN THE CASE OF CIT, DEHRADUN VS. M/S AAN CHAL HOTELS PVT.LTD. ITA-5609/DEL/2013 2 AND HAS SET ASIDE THE MATTER TO THE FILE OF THE ASS ESSING OFFICER FOR RE- EXAMINATION IN THE LIGHT OF GUIDELINES GIVEN BY THE IR LORDSHIPS. 4. IN VIEW OF THE ABOVE, WE DEEM IT PROPER TO SET A SIDE THE ORDERS OF AUTHORITIES BELOW AND RESTORE THE MATTER TO THE FIL E OF THE ASSESSING OFFICER AND DIRECT HIM TO RE-EXAMINE THE ISSUE IN T HE LIGHT OF JUDGMENT OF HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF M/S AANCHAL HOTELS PVT.LTD. (SUPRA). NEEDLESS TO MENTION THAT HE WILL ALLOW ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DEE MED TO BE ALLOWED FOR STATISTICAL PURPOSES. DECISION PRONOUNCED IN THE OPEN COURT ON 28.11.2016 . SD/- SD/- (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG (CHANDRA MOHAN GARG ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S HILLTOP BUILDERS PRIVATE LIM ITED, M/S HILLTOP BUILDERS PRIVATE LIMITED, M/S HILLTOP BUILDERS PRIVATE LIMITED, M/S HILLTOP BUILDERS PRIVATE LIMITED, SETHI NIWAS, TALLITAL, NAINITAL. SETHI NIWAS, TALLITAL, NAINITAL. SETHI NIWAS, TALLITAL, NAINITAL. SETHI NIWAS, TALLITAL, NAINITAL. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, NAINITAL. NAINITAL. NAINITAL. NAINITAL. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR