GANDHI SPECIAL TUBES LTD, MUMBAI V. ADDL CIT 5(1), MUMBAI

ITA 5841/MUM/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0426 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 12-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 18-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K RAVI RAM CHANDRAN
• Assessee Lawyers: RONAK G DOSHI
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ITA NOS. 5841 / MUM/201 4 ( / ASSESSMENT YEAR : 20 1 1 - 12 ) GANDHI SPECIAL TUBES LTD., 201 - 204, PLAZA, 2 ND FLOOR, 55, HUGHES ROAD, NEXT TO DHARAM PALACE, MUMBAI - 400007 / VS. ADDL. COMMISSIONER OF INCOME TAX - 5(1), AAYAKAR BHAVAN, MUMBAI ./ PAN AAACG1261C ( / APPELLANT ) .. ( / RESPONDENT ) / APP LICANT BY : SHRI RONAK G DOSHI / RESPONDENT BY : SHRI K.RAVI RAMCHANDRAN / DATE OF HEARING : 12. 6.2017 / DATE OF PRONOUNCEMENT : 12. 6 .2017 / O R D E R PER RAJESH KUMAR , AM : THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A) - 9 , MUMBAI , DATED 19.8.2014 , PERTAINING TO THE ASSESSMENT YEAR 2011 - 12 WHICH IN TURN HA S ARISEN FROM THE ORDER PASSED BY THE ASSE SSING OFFICER DATED 29.1.2014 UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961(IN SHORT THE ACT). 2. AT THE TIME OF HEARING, THE LD.AR DID NOT PRESS GROUNDS OF APPEAL NO.II WHICH PERTAINS TO THE DISALLOWANCE UNDER SECTION 14A R.W.R.8D DUE TO QUANTUM OF DISALLOWANCE BEING VERY SMALL AND HENCE DISMISSED AS NOT PRESS. ITA NO.5841 / MUM/20 1 4 2 3. THE ISSUE RAISED IN GROUND NO.I IS AGAINST THE CONFIRMATION OF DISALLOWANCE OF RS.2,65,59,839/ - U/S 80IA OF THE ACT. 4. AT THE OUTSET, THE LD.AR POINTED OUT THAT THE ISSUE RAISED BY THE ASSESSEE IS NOW COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF CO - ORDINATE BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO.3902/MUM/2012 (AY - 2009 - 10) DATED 17.9.2014 , WHICH WAS DECIDED BY THE TRIBUNAL ON THE BASIS OF DECISIONS OF HONBLE MADR AS HIGH COURT, RAJASHTAN HIGH COURT, KARNATAKA HIGH COURT AND PRAYED THAT THE ISSUE BE DECIDED ON THE SIMILAR LINES AS IN THE EARLIER YEAR. 5. THE LD. DR FAIRLY AGREED WITH THE SUBMISSIONS OF THE LD.AR. 6 . WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS PLACED BEFORE US INCLUDING THE IMPUGNED ORDERS. WE FIND THAT THE ISSUE HAS BEEN DECIDED IN THE ASSESSEES OWN CASE IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE CO - ORDINATE BENCH OF THE TRIBUNAL IN ITA NO.3902/MUM/2012 (SUPRA), WHEREIN T HE ORDER OF THE LD.CIT(A) HAS BEEN SET ASIDE AND THE MATTER IS RESTORED TO THE FILE OF THE AO TO DECIDE THE SAME AFRESH AFTER CONSIDERING THE CLAIM OF DEDUCTION U/S 80IA IN THE LINE OF THE VIEW SO TAKEN BY THE CO - ORDINATE BENCH OF THE TRIBUNAL IN ASSESSE ES OWN CASE BY RELYING ON THE DECISIONS OF THE HONBLE MADRAS HIGH COURT, RAJASHTAN HIGH COURT, KARNATAKA HIGH COURT. FOR THE SAKE OF BREVITY, WE REPRODUCE THE OPERATIVE PART OF THE TRIBUNAL ORDER AS UNDER: ITA NO.5841 / MUM/20 1 4 3 8. HAVING REGARD TO THE CIRCUM STANCES OF THE CA S E, WE ARE OF THE VIEW THAT THE TAX AUTHORITIES ARE DUTY BOUND TO FOLLOW THE VIEW TAKEN BY THE HONBLE HIGH COURT, SO LONG AS THERE IS NO CONTRARY DECISION IN CONSONAN CE WITH THE VIEW TAKEN BY THE ITAT (SB), IN THE PECULIAR FACTS OF THE CA S E. WITH THE SE OBSERVATIONS, THE MATTER IS SET ASIDE TO THE F ILE OF THE AO WITH A DIRECTION TO CONSI DER THE CLAIM OF DEDUCTION U/S 80IA IN LINE WITH THE VIEW TAKEN BY THE HONBLE COURTS OF MADRAS , RAJASHTAN AND KARNATAKA WHICH WERE PLACED IN THE PAPER BOOK FILED BEFORE US. FOLLOWING THE RATIO LAID DOWN BY THE CO - ORDINATE BENCH OF THE TRIBUNAL , WE SET ASIDE THE ORDER OF THE LD.CIT(A) AND RESTORE THE ISSUE TO THE FILE OF THE AO WITH A DIRECTION TO CONSIDER THE CLAIM OF THE ASSESSEE U/S 80IA AS DECIDED IN EARLIER Y EAR . ACCORDINGLY, WE ALLOW GROUND NO.I FOR STATISTICAL PURPOSES. 7 . IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12TH JUNE, 2017 . 12TH JUNE, 2017 SD SD ( MAHAVIR SINGH ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 12 /06/ 201 7 . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI