DCIT 9(2), MUMBAI V. JYOTI PLASTIC WORKS P. LTD, MUMBAI

ITA 7013/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2846 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 17-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH L PATHADE
• Section: 143(3); 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER ITA NO. 7013/MUM/2014 (ASSESSMENT YEAR : 2011-12) THE DCIT-9(2), ROOM NO.218, 2 ND FLOOR, AAYKAR BHAVAN, MK ROAD, MUMBAI 400 020 ... APPELLA NT VS. M/S. JYOTI PLASTIC WORKS PVT. LTD., BOMBAY TALKIES COMPOUND, 94, HIMANSHU RAI ROAD, MALAD (W), MUMBAI 400 064 .... RESPONDENT APPELLANT BY : SHRI PRAKASH L.PATHADE RESPONDENT BY : SHRI HORMUZD JAMSHEDJI DATE OF HEARING : 13/06/2016 DATE OF PRONOUNCEMENT : 22/06/2016 ORDER PER G.S. PANNU,AM: THE CAPTIONED APPEAL FILED BY THE REVENUE PERTA INING TO ASSESSMENT YEAR 2011-12 IS DIRECTED AGAINST AN OR DER PASSED BY CIT(A)-20, MUMBAI DATED 16/09/2014, WHICH IN TURN A RISES OUT OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 09 /01/2014. 2 ITA NO. 7013/MUM/2014 (ASSESSMENT YEAR : 2011-12) 2. IN THIS APPEAL, THE SOLITARY ISSUE RELATES TO TH E ACTION OF THE ASSESSING OFFICER IN DENYING ASSESSEES CLAIM OF DE DUCTION UNDER SECTION 80IB OF THE ACT AMOUNTING TO RS.49,65,220/-. THE ASSESSING OFFICER NOTICED THAT THOUGH IN THE ASSESSEES OWN CASE, THE HON'BLE BOMBAY HIGH COURT HAD ALLOWED THE CLAIM OF THE ASSESSEE IN EARLIER YEAR IN THE CASE REPORTED IN 339 ITR 491 (BOM), BUT HE DISALLO WED THE CLAIM IN THIS YEAR ALSO BECAUSE THE SLP FILED BY THE DEPARTMENT BEFORE THE HON'BLE SUPREME COURT IS PENDING. THE CIT(A) DID NOT FIND IT JUSTIFIABLE TO SUSTAIN THE DISALLOWANCE IN VIEW OF THE PREVAILING JUDGEMENT OF THE HON'BLE BOMBAY HIGH COURT IN THE ASSESSEES OWN CAS E. 3. BEFORE US, THE LD. REPRESENTATIVE FOR THE RESPON DENT ASSESSEE POINTED OUT THAT SUBSEQUENT TO THE DECISION OF THE CIT(A), THE HON'BLE SUPREME COURT HAS SINCE DISMISSED THE SLP FILED BY THE DEPARTMENT VIDE ITS ORDER DATED 28/04/2015, A COPY OF WHICH H AS BEEN PLACED ON RECORD. 4. IN VIEW OF THE ABOVE FACTUAL MATRIX, WE FIND NO JUSTIFICATION IN THE APPEAL OF THE REVENUE, WHICH IS HEREBY DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/06/2016 SD/- SD/- (SANJAY GARG) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTAN T MEMBER MUMBAI, DATED 22/06/2016 VM , SR. PS 3 ITA NO. 7013/MUM/2014 (ASSESSMENT YEAR : 2011-12) 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