M/s. Shri Balaji Engicons Limited, Jharsuguda V. DCIT Circle-1(1), Sambalpur

ITA 85/CTK/2022

AI Insights

The case involves M/s Shree Balaji Engicons Ltd., the appellant, contesting the denial of deductions under sections 80IA/80IB of the Income Tax Act for the assessment year 2012-2013. The appellant argued that they were entitled to these deductions based on a precedent set in a previous case for the assessment year 2014-2015. However, the respondent, DCIT-1(1), Sambalpur, contended that the deductions were not claimed in the original return but were instead included in a belated return following a notice under section 153A of the Act. The Tribunal noted that the issue of deductions for the first year, 2011-2012, was still pending adjudication and thus could not proceed with the current appeal until the first year's claim was resolved.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127066 (ITAT-CUTTACK)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 27-02-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 12-05-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SATYANARAYAN AGRAWAL

Judgement Text

आयकर अऩीऱीय अधधकरण, कटक न्यायऩीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री अरुण खोड़पऩया ऱेखा सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER आयकर अऩीऱ सं/ITA No.85/C TK/2022 (ननधाारण वषा / Asses s m ent Year : 2012-2 013) M/s Shree Balaji Engicons Ltd., Belpahar, Jharsuguda, Odisha Vs DCIT-1(1), Sambalpur PAN No. :AAGCS 4292 P (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee by : Shri Satyanarayan Agrawal, AR राजस्व की ओर से /Revenue by : Shri M.K.Gautam, CIT-DR स ु नवाई की तारीख / Date of Hearing : 28/02/2023 घोषणा की तारीख/Date of Pronouncement : 28/02/2023 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A)-2, Bhubaneswar, dated 31.03.2022, passed in I.T.Appeal No.0042/2015-16, for the assessment year 2012-2013. 2. It was submitted by the ld. AR that the assessee is entitled to the deduction u/s.80IA/80IB of the Act, insofar as the issue involved in the present appeal is squarely covered by the decision of the coordinate bench of the Tribunal in assessee’s own case for the A.Y.2014-2015, passed in ITA No.195/CTK/2019, order dated 23.12.2021. It was the submission that the assessee may be granted benefit of deduction u/s.80IA/80IB of the Act. 3. In reply, ld. CIT-DR submitted that the assessee has not made the claim for deduction u/s.80IA/80IB of the Act in its original return and that the claim has been raised only in the return filed belatedly in response to ITA No.85/CTK/2022 2 a notice u/s.153A of the Act. It was the submission that as the assessee has not raised its claim for deduction u/s.80IA/80IB in the original return, the assessee is not entitled to the deduction u/s.80IA/80IB of the Act. 4. To a specific query as to which is the first year of deduction u/s.80IA/80IB of the Act, it was submitted by the ld. AR that the first year is the assessment year 2011-2012 and the appeal in respect of the claim of deduction u/s.80IA/80IB of the Act on merits is pending before the ld.CIT(A). At this point, it was pointed out that when the first year in respect of deduction u/s.80IA/80IB of the Act has not been adjudicated on merits, the allowability of claim of deduction u/s.80IA/80IB of the Act for the subsequent year cannot be considered, insofar as the primary requirement of deduction u/s.80IA/80IB of the Act is to be made in the first year itself. As it has been submitted by the ld. AR that the appeal for the assessment year 2011-2012 is pending before the ld. CIT(A). As it is noticed that the issue of deduction u/s.80IA/80IB of the Act is pending before the ld. CIT(A) for the first year, being the assessment year 2011- 2012 of the issues is on merits in respect of deduction u/s.80IA/80IB of the Act, we are of the view that the Tribunal cannot adjudicate much less the ld. CIT(A) should not have adjudicated this issue of deduction u/s.80IA/80IB of the Act without adjudicating the first year being the assessment year 2011-2012 in respect of the claim of deduction u/s.80IA/80IB of the Act. This being so, the issue in this appeal is restored to the file of ld. CIT(A) to adjudicate the issue of deduction u/s.80IA/80IB of the Act for the first year being A.Y.2011-2012 in respect of the said ITA No.85/CTK/2022 3 claim. It is only after adjudication in respect of the first year, the similar issue for subsequent year is to be considered. 5. In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 28/02/2023. Sd/- (अरुण खोड़पऩया) (ARUN KHODPIA) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 28/02/2023 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतलऱपऩ अग्रेपषत/Copy of the Order forwarded to : आदेशान ु सार/ BY ORDER, (Assistant Registrar) आयकर अऩीऱीय अधधकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- M/s Shree Balaji Engicons Ltd., Belpahar, Jharsuguda, Odisha 2. प्रत्यथी / The Respondent- DCIT-1(1), Sambalpur 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. पवभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यापऩत प्रयत //True Copy//