Janapriya Engineers Syndicate JV, Hyderabad V. Income Tax Officer, Ward-14(1), Hyderabad

ITA 717/Hyd/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5213 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 28-01-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 08-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR PANDEY
• Section: 80IB; 201; 13; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT A NO. 717 /H/201 9 ASSESSMENT YEAR: 20 1 5 - 1 6 JANAPRIYA ENGINEERS SYNDICATE JV, HYDERABAD. PAN AAEFJ 4368G VS. INCOME - TAX OFFICER, WARD 14(2), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: SHRI SUNIL KUMAR PANDEY DATE OF HEARING: 28 /01/2021 DATE OF PRONOUNCEMENT: 02 /0 2 /2021 O R D E R PER BENCH: T H IS ASSESSEE S APPEAL FOR AY 201 5 - 1 6 IS DIRECTED AGAINST THE C I T(A) - 6 , HYDERABAD S ORDER DATED 03 / 0 5 / 201 8 PASSED IN CASE NO. 10319/2017 - 18/B2/CIT(A) - 6 INVOLVING PROCEEDINGS U/S 1 43( 3) OF THE INCOME TAX ACT , 1961 ; IN SHORT THE ACT. WE HAVE HEARD BOTH THE PARTIES. CASE F ILE PERUSED. I TA NO. 717 /HYD/1 9 JANAPRIYA ENGINEERS SYNDICATE JV, HYD. : - 2 - : CASE CALLED TWICE. NONE APPEARED AT ASSESSEES BEHEST. CASE FILE SUGGESTS THAT THIS BENCH HAS BEEN ADJOURNING THE INSTANT APPEAL ON MULTIPLE OCCASIONS SINCE 06/11/2020. 2. WE THUS PROCEED EX - PARTE AGAINST ASSESSEE IN THESE FACTS AND CIRCUMSTANCES. MR. SUNIL KUMAR PANDEY INVITED OUR ATTENTION TO ASSESSEES SOUL SUBSTANTIVE GRIEVANCE CHALLENGIN G CORRECTNESS OF BOTH THE LOWER AUTHORITIES DISALLOWING SECTION 80IB DEDUCTION AMOUNTING TO RS. 19,92,459/ - IN THE COURSE OF ASSESSMENT AS AFFIRMED IN THE LOWER APPELLATE PROCEEDINGS. HE NEXT TOOK US TO TRIBUNAL S COMMON ORDER PASSED IN ASSESSEES CASE S ITA NOS. 714 TO 716/HYD/2019 FOR AYS 2012 - 13 TO 2014 - 15 DATED 17/12/2020 UPHOLDING THE LOWER AUTHORITIES IDENTICAL ACTION DISALLOWING SECTION 80IB DEDUCTION FOR THE VERY PROJECT(S). WE T HUS ADOPT JUDICIAL CONSISTENCY IN THE GIV EN FACTS AND CIRCUMSTANCES AND AFFIRM THE LOWER AUTHORITIES ACTION UNDER CHALLENGE. THE A SSESSEE FAILS IN ITS SOLE SUBSTANTIVE GRIEVANCE. I TA NO. 717 /HYD/1 9 JANAPRIYA ENGINEERS SYNDICATE JV, HYD. : - 3 - : 3. THIS ASSESSEES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 2 ND FEBRUARY , 2021 . SD/ - SD/ - ( LAXMI PRASAD SAHU) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDE RABAD, DATED : 2 ND FEBRUARY , 20 2 1 K V C OPY TO : 1 M/S JANAPRIYA ENGINEERS SYNDICATE J V, 8 - 2 - 120/86/1, KEERTHI AND PRIDE TOWERS, ROAD NO. 12, BANJARA HILLS, HYDERABAD 500 034 2 ITO, WARD 14(2), HYDERABAD. 3 C I T(A) 6 , HYDERABAD. 4 PR. CIT - 6 , HYDERABAD 5 ITAT, DR, HYDERABAD. 6 GUARD FILE.