Assistant Commissioner of Income-tax, Circle - 1, , Kolhapur V. Mahalaxmi Infraprojects Ltd, Kolhapur

ITA 998/PUN/2019

AI Insights

The case involves the Income Tax Department (Revenue) appealing against the order of the CIT(A)-1, Kolhapur, which had reversed the Assessing Officer's disallowance of a claim under Section 80IA(4) of the Income Tax Act, 1961, amounting to Rs.13,38,67,123. The assessee, Mahalaxmi Infraprojects Ltd., had claimed deductions for various projects under this section, which the Assessing Officer initially disallowed to keep the issue alive for judicial scrutiny. The CIT(A) had earlier allowed the claim based on precedents from similar cases, which was upheld by the Tribunal in previous years. The Tribunal, referencing its own earlier decisions and the consistent judicial approach, dismissed the Revenue's appeal.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 137035 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2022
• Appeal Filed By: Department
• Order Result: DismissedDismissed
• Bench Allotted: A
• Next Hearing Date: 04-12-2022
• Assessment Year: 2013-2014
• Appeal Filed On: 10-05-2022
• Other Referred Cases: ITA.Nos.142 to 147/PUN/2016, ITA.No.2169/Pun/2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NIHIL S. PATHAK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA.No.998/PUN./2019 Assessment Year 2016-17 The ACIT, Circle-1, 31 C/2, Aayakar Bhavan, Kolhapur. Maharashtra PIN 416 003. vs., Mahalaxmi Infraprojects Ltd., S-1B, 223/3 E Malati Towers, Tarabai Park, Kolhapur – 416 003. Maharashtra (Appellant) (Respondent) For Revenue : Shri Keyur Patel, CIT-DR For Assessee : Shri Nihil S. Pathak Date of Hearing : 05.12.2022 Date of Pronouncement : 13.12.2022 ORDER PER SATBEER SINGH GODARA, J.M. This Revenue’s appeal for assessment year 2016-17, arises against the CIT(A)-1, Kolhapur’s order dated 06.05.2019, passed in case No. SLI/10312/2018-19, involving proceedings under Section 143(3) of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties. Case file perused. 3. Coming to the Revenue’s sole substantive grievance that the CIT(A) has erred in law and on facts in reversing the Assessing Officer’s action making section 80IA(4) disallowance of Rs.13,38,67,123/-, we find that the CIT(A) has deleted the disallowance in para-5 of his order observes that a similar issue had arisen between the parties, for assessment years 2004-05 to 2 ITA.No.998/PUN/2019 Mahalaxmi Infraprojects Ltd., Kolhapur. 2010-11 wherein the erstwhile CIT(A), Kolhapur’s order dated 30.10.2012 allowed the very claim of the taxpayer, against which, the department has filed an appeal before the tribunal. Learned coordinate bench’s order dated 17.01.2018 in ITA.Nos.142 to 147/PUN/2016 for assessment years 2007-08 to 2013-14 and vide order dated 30.07.2018 in ITA.No.2169/Pun/2016, has upheld the order of the CIT(A) in deleting the disallowance of claim u/s.80IA4(i) of the Act. Since the facts and circumstances of the case are identical for the impugned assessment year 2016-17 under appeal, the CIT(A) respectfully followed this tribunal’s decision in assessee’s own case for the preceding assessment years for deleting the addition of Rs.13,38,67,123/- made u/s.80IA(4) of the Act. 4. We have given our thoughtful consideration to the vehement rival stands and find no substance in Revenue’s arguments. It emerges during the course of hearing that Revenue had filed its identical appeals in assessment years 2011-12, 2012- 13, 2013-14 and 2014-15 as well regarding the very projects executed by the assessee which stood rejected in various learned coordinate benches orders. We further invited the Revenue’s attention to the assessment discussion in pages 2 and 4 that assessee has been claiming all these deductions pertaining to eight projects right from the assessment year 2005-06. And also that the Assessing Officer made it clear in his discussion that he had disallowed the assessee’s claim only for keeping the issue alive before the hon’ble jurisdictional high court. Faced with the 3 ITA.No.998/PUN/2019 Mahalaxmi Infraprojects Ltd., Kolhapur. situation, we adopt judicial consistency to reject the Revenue’s instant sole substantive grievance. Ordered accordingly. 5. This Revenue’s appeal is dismissed in above terms. Order pronounced in the open Court on 13.12.2022. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 13 th December, 2022 VBP/- Copy to 1. The appellant 2. The respondent 3. The Ld. CIT(A) concerned. 4. The CIT concerned 5. D.R. ITAT, Pune “A” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches Pune.