ACI 25(1), MUMBAI V. CREATIVE BUILDERS, MUMBAI

ITA 5673/MUM/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5804 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-02-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 07-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M L PERUMAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI N.K.SAINI, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NOS. 5670 & 5673/MUM/2012 ASSESSMENT YEAR: 2008-09 & 2009-10 ACIT 25(1), C-11, PRATYASHKAR BHAWAN, ROOM NO 202, BANDA KURLA COMPLEX, BANDRA(E), MUMBAI- 400 051 VS. M/S CREATIVE BUILDERS, PLOT NO 143/A, 5 TH FLOOR, AGARWAL GOLDEN CHAMBERS, FUN REPUBLIC, MUMBAI (APPELLANT) (RESPONDENT) PERMANENT ACCOUNT NO. :-AAAFC0687P APPELLANT BY : SHRI M.L.PERUMAL RESPONDENT BY : NONE DATE OF HEARING : 11.02.2014 DATE OF PRONOUNCEMENT : 11.02.2014 O R D E R PER DR. S.T.M. PAVALAN, JM: THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGA INST THE ORDERS OF THE LD.CIT(A)-35, MUMBAI BOTH DATED 28.06.2012 FOR THE ASSESSMENT YEARS 2008-09 & 2009-10. SINCE IDENTICAL ISSUES ARE INVOLVED IN BOT H THE ASSESSMENT YEARS, BOTH THE APPEALS ARE DISPOSED OFF BY THIS COMMON ORDER. 2. NO ONE HAS APPEARED ON BEHALF OF THE ASSESSEE DE SPITE THE NOTICE HAVING BEEN SENT TO THE ASSESSEE WELL IN ADVANCE. WE, THER EFORE, PROCEED TO DECIDE THE APPEALS OF THE REVENUE AFTER CONSIDERING THE SUBMIS SIONS OF THE LD.DR AND ALSO PERUSING THE ORDERS OF THE AUTHORITIES BELOW. 3. THE ONLY ISSUE ARISING OUT OF THE APPEALS FILED BY THE REVENUE IS RELATED TO THE DECISION OF THE LD.CIT(A) ON THE ALLOWABILITY OF TH E DEDUCTION CLAIMED BY THE ASSESSEE UNDER SECTION 80IB(10) OF THE INCOME TAX A CT. AT THE OUTSET, IT IS OBSERVED ITA NOS. 5670 & 5673/MUM/2012 M/S CREATIVE BUILDERS ASSESSMENT YEAR: 2008-09 & 2009-10 2 THAT THE VERY SAME ISSUE HAS BEEN CONTINUING SINCE AY 2004-05 ONWARDS AND THE LD.CIT(A) HAS ALLOWED THE ASSESSEES CLAIM OF DEDUC TION FOR THE AYS FROM 2004-05 TO 2007-08. ALSO, THE TRIBUNAL HAS DISMISSED THE DEPAR TMENTAL APPEALS BY CONFIRMING THE ORDERS OF THE LD.CIT(A) FOR THE AYS 2004-05 TO 2006-07. IN THE FURTHER APPEALS AGAINST THE SAID ORDERS OF THE TRIBUNAL, THE HONBL E HIGH COURT HAS DISMISSED THE DEPARTMENTAL APPEALS. DURING THE YEARS UNDER CONSID ERATION, THE LD.CIT(A) HAS ALLOWED THE CLAIM OF THE ASSESSEE BY RELYING ON HIS OWN ORDERS FOR THE AYS FROM 2004-05 TO 2007-08. SINCE THE LD.CIT(A) HAS DECIDED THE ISSUE ON THE DEDUCTION CLAIMED BY THE ASSESSEE AFTER TAKING INTO ACCOUNT O F THE AFOREMENTIONED FACTS AND IN THE ABSENCE OF ANY DISTINGUISHING FACTS BROUGHT ON RECORD BY THE REVENUE FOR THE YEARS UNDER CONSIDERATION, WE DO NOT FIND ANY JUSTI FIABLE REASON TO INTERFERE WITH THE ORDERS OF THE LD.CIT(A) IN ALLOWING THE DEDUCTION C LAIMED BY THE ASSESSEE UNDER SECTION 80IB(10) OF THE ACT AND HENCE THE SAME ARE UPHELD. 4. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF FEBRUARY, 2014. SD/- SD/- (N.K.SAINI) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 11.02.2014. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR C BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.