Appeal details
Counselvise Citation
[2021] 104 COUNSELVISE.COM (IT) 5680 (ITAT-HYDERABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 9 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-12-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
DB-A
Assessment Year
2017-2018
Appeal Filed On
13-12-2020
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A”, HYDERABAD (Through Virtual Hearing) BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SRI S.S. GODARA, JUDICIAL MEMBER ITA No. 773/Hyd/2020 A.Y. 2017-18 DCIT, Circle-8(1), Hyderabad. Vs. Avinash Hitech City-2 Society, Hyderabad. PAN: AABAA 1623 R (Appellant) (Respondent) Assessee by Sri K. Ramesh Babu Revenue by Smt. Komali Krishna, DR Date of hearing: 28/10/2021 Date of pronouncement: 23/12/2021 ORDER PER A. MOHAN ALANKAMONY, A.M: This appeal is filed by the Revenue against the order of the Ld. CIT(A)-2, Hyderabad in appeal No. 13228/2019-20/CIT(A)-2, dated 18/09/2020 passed U/s. 143(3) r.w.s 250(6) of the Act for the Act for the A.Y. 2017-18. 2. The Revenue has raised four grounds in its appeal, and they are extracted herein below for reference: “1. Whether on the facts and circumstances of the case, the CIT(A) is correct in holding the rental income as business income instead of income from house property treating the assessee as co-developer and allow the claim of deduction U/s. 80IB of the Act. 2 2. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is right in relying on circular no.16/2017 thereby ignoring the fact that the said circular is applicable to section 80IA(4)(iii) and not section 80IAB and that assessee not being a consortium of companies is not entitled to deduction U/s. 80IA(4)(iii)? 3. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) erred in not appreciating that deduction U/s. 80IAB is allowed only to a developer of SEZ and not to an undertaking involved in operating an maintaining SEZ? 4. Any other ground that may be urged at the time of hearing.” 3. At the outset, the Ld. AR submitted before us that the issue in the appeal is with respect to disallowance of claim U/s. 80IAB of the Act with respect to the revenue received from the renting of the assesse’s building in SEZ Zone. The Ld. AR further submitted that the Ld. CIT(A) has granted relief to the assessee on the same and identical issue for the A.Y. 2015-16 following the decision of the ITAT for the A.Y. 2013-14 in the assesse’s own case. The Ld. AR further submitted that the ITAT had also upheld the order of the Ld. CIT(A) on the same and identical issue in favour of the assessee for the A.Y. 2015-16 vide order dated 20/1/2021 in the assessee’s own case. It was therefore requested that for the relevant assessment year also the same decision of the Tribunal may be followed as the issue is the same. The Ld. DR on the other hand could not controvert to the submissions of the Ld. AR. 4. After hearing both the sides, we find merit in the contention of the Ld. AR. In the assessee’s own case on the same & identical issue, the Tribunal has decided the matter in favour of the assessee by its earlier 3 orders dated 29/12/2017 in ITA No. 726/Hyd/2017 for the A.Y. 2014- 15 and order dated 20/01/2021 in ITA No. 1163/Hyd/2019 for the A.Y. 2015-16. In this situation, we do not find it necessary to interfere with the order of the Ld. CIT(A) as he has followed the earlier decisions of the Tribunal in the assesse’s own case. 5. In the result, appeal of the Revenue is dismissed. Pronounced in the open Court on the 23 rd December, 2021. Sd/- Sd/- (S.S. GODARA) (A. MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated: 23 rd December, 2021. OKK Copy to:- 1) Appellant: The Dy. Commissioner of Income Tax, Circle-8(1), 9 th Floor, signature Towers, Kondapur, Hyderabad – 500 084. 2) Respondent: M/s. Avinash Hitech City 2 Society, H1B, Hitech City-2, Phoenix Infocity SEZ, Gachibowli, Hyderabad – 500 081. 3) The CIT (A)-2, Hyderabad. 4) The Pr. CIT-2, Hyderabad. 5) The DR, ITAT, Hyderabad 6) Guard File
