ACIT, Chandigarh V. M/s Mountview Group Housing Co., Chandigarh

ITA 700/CHANDI/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 95758 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 15-12-2015
• Assessment Year: 2012-2013
• Appeal Filed On: 30-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHIL KUMAR
• Assessee Lawyers: RICHA GUPTA
• Keywords: Tax effect
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS.RANO JAIN, ACCOUNTANT MEMBER ITA NO. 700/CHD/2015 ASSESSMENT YEAR: 2012-13 THE ACIT, VS M/S MOUNTVIEW GROUP CIRCLE 3(1), HO USING CO., CHANDIGARH. SCF 270, MOTOR MARKET, MANI MAJRA, CHANDIGARH. PAN: AAMFM3623R (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI SUSHIL KUMAR ASSESSEE BY : MS. RICHA GUPTA DATE OF HEARING : 15.12.2015 DATE OF PRONOUNCEMENT : 15.12.2015 O R D E R PER BHAVNESH SAINI,JM THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS)-I, CHANDIGARH DATED 28.05.2015 FOR ASSESSMENT YEAR 2012-13, CHALLENGING THE DELETION OF DISALLOWANCE OF DEDUCTION UNDER SEC TION 80IB OF THE ACT AMOUNTING TO RS. 14,99,337/-. 2. THE LD. CIT(APPEALS) FOLLOWING HIS ORDER IN THE CASE OF SAME ASSESSEE FOR ASSESSMENT YEAR 2009-10 DATED 15.10.2012 ALLOWED THE APPEAL OF THE ASSESSEE. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE DEPARTMENT IN THE CASE OF SAME ASSESSEE HAS BEE N 2 DISMISSED BY THE TRIBUNAL IN ASSESSMENT YEAR 2009-1 0 IN ITA 38/2013 VIDE ORDER DATED 14.10.2015. COPY O F THE ORDER IS PLACED ON RECORD. IT IS, THEREFORE, S TATED THAT ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE. 3. ACCORDING TO CIRCULAR NO. 21/2015 DATED 10.12.2015, THE CBDT IN SUPERCESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE T AX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSE E, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT Y EAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT Y EAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISP UTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. TH IS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH BEFORE THE TRIBU NAL. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT M AY BE WITHDRAWN/NOT PRESSED. 4. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEREFORE, DEPARTM ENTAL APPEAL IS NOT MAINTAINABLE. THE LD. CIT(APPEALS) DECIDED THE ISSUE IN DEPARTMENTAL APPEAL ON FACTS A ND THE CASE OF THE REVENUE WOULD NOT FALL IN THE EXCEP TIONS PROVIDED IN THE ABOVE CIRCULAR. 3 5. IN VIEW OF THE ABOVE, SINCE THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE AND APPEAL IS FILED AGAINST INSTRUCTIONS OF CBDT, THEREFORE, DEPARTMENTAL APPEA L IS DISMISSED. 6. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (RANO JAIN) (BHAVN ESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH DECEMBER, 2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT/CHD