ACIT CEN CIR 30, MUMBAI V. ANILKUMAR R AGARWAL, MUMBAI

ITA 7427/MUM/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5751 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 14-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M L PERUMAL
• Section: 260A

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI . . , / , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER . / ITA NO. 7427/MUM/2012 ' ' ' ' # # # # / ASSESSMENT YEAR 2009-10. THE ACIT, CC-30, ROOM NO.403, 4 TH FLOOR, AAYKAR BHAVAN, MK ROAD, MUMBAI 400020 ' ' ' ' / VS. SHRI ANIL KUMAR R. AGARWAL, 3 RD FLOOR, RNA HOUSE, 50, VEER NARIMAN ROAD, FORT, MUMBAI 400 023. $ ./ % ./ PAN/GIR NO. : AABPA 3657N ( $& / APPELLANT ) .. ( '($& / RESPONDENT ) APPELLANT BY : SHRI M.L.PERUMAL RESPONDENT BY : SHRI J.P.BAIRAGRA ' ) *+ / DATE OF HEARING : 25/02/2014 ,# ) *+ / DATE OF PRONOUNCEMENT : 25/02/2014 - / O R D E R PER I.P.BANSAL, JM: THIS IS AN APPEAL FILED BY THE REVENUE IT IS DIRE CTED AGAINST AN ORDER PASSED BY LD. CIT (A)-39, MUMBAI DATED 5/10/2012 F OR THE ASSESSMENT YEAR 2009-10. THE GROUND OF APPEAL READS AS UNDER: 1. THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN AL LOWING DEDUCTION U/S. 80 IB(10) RELYING UPON THE DECISION OF THE HONBLE ITAT IN ASSESSEES OWN CASE FOR A.YRS. 2005-06 TO 2007-08, IN ITA NOS. 63 31 TO 6333/MUM/2010 DATED 20/04/2012, WITHOUT APPRECIATIN G THAT THE . / ITA NO. 7427/MUM/2012 ' ' ' ' # # # # / ASSESSMENT YEAR 2009-10. 2 DEPARTMENT HAS NOT ACCEPTED THE SAME AND FILED APPE AL U/S. 260A BEFORE THE HONBLE BOMBAY HIGH COURT, CHALLENGING THE SAME . 2. AT THE TIME OF HEARING LD. AR HAS PRODUCED BEFOR E US COPY OF ORDER OF THE TRIBUNAL DATED 20/4/2012 PASSED IN ITA NO 6331 TO 6333/MUM/2010 IN RESPECT OF ASSESSMENT YEAR 2005-06 TO 2007-08. LD . CIT(A) HAS ALLOWED THE CLAIM OF THE ASSESSEE UNDER SECTION 80 IB(10) OF T HE INCOME TAX ACT, 1961(THE ACT) FOLLOWING AFOREMENTIONED DECISION OF ITAT. TH E SAID DECISION OF LD. CIT(A) HAS BEEN CHALLENGED BY THE REVENUE ON THE GROUND T HAT THE SAID DECISION OF ITAT IN EARLIER YEARS HAS NOT BEEN ACCEPTED AND AN APPEAL HAS BEEN FILED BEFORE HONBLE BOMBAY HIGH COURT. 3. AFTER HEARING BOTH THE PARTIES, SINCE IT IS NOT DISPUTED BY THE REVENUE THAT FACTS AND CIRCUMSTANCES OF THE PRESENT CASE IS SIMILAR TO THE EARLIER YEARS FOR WHICH THE AFOREMENTIONED DECISION WAS RENDERED BY THE TRIBUNAL, WE FIND NO INFIRMITY IN THE RELIEF GRANTED BY LD. CIT(A) AS RELIEF IS BASED ON THE ORDER OF ITAT RENDERED IN THE CASE OF ASSESSEE IN RESPECT OF EARLIER YEARS. WE DECLINE TO INTERFERE AND THE APPEAL FILED BY THE REVENUE IS DI SMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25/02/201 4 - ) ,# . /'0 25/02/2014 ) 1 SD/- SD/- ( / SANJAY ARORA ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; /' DATED 25/02/2014 . / ITA NO. 7427/MUM/2012 ' ' ' ' # # # # / ASSESSMENT YEAR 2009-10. 3 - - - - ) )) ) '*2 '*2 '*2 '*2 32#* 32#* 32#* 32#* / COPY OF THE ORDER FORWARDED TO : 1. $& / THE APPELLANT 2. '($& / THE RESPONDENT. 3. 4 ( ) / THE CIT(A)- 4. 4 / CIT 5. 251 '*' , , / DR, ITAT, MUMBAI 6. 16 7 / GUARD FILE. -' -' -' -' / BY ORDER, (2* '* //TRUE COPY// 8 88 8 / 9 9 9 9 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . ' . ./ VM , SR. PS