Deputy Commissioner of Income-tax, Cir 1(1), Pune V. M/s. City Corporation Ltd.,(Earlier known as M/s Amanora Future Towers P Ltd), Pune

MA 192/PUN/2022

AI Insights

The case involves the Revenue's Miscellaneous Applications against the orders of the Income Tax Appellate Tribunal, Pune, which had allowed deductions for Education Cess and Higher Secondary Cess for the assessment years 2014-15 and 2015-16. The Revenue contended that the Tribunal's decision was contrary to the law established by the Supreme Court in CIT Vs. K. Srinivasan. However, the Tribunal referenced decisions from the Bombay High Court and Rajasthan High Court, which supported the deductibility of these cesses. The Tribunal dismissed the Revenue's applications, affirming the original orders without any rectification.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137846 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-01-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 11-08-2022
• Other Referred Cases: CIT Vs. K. Srinivasan, Sesa Goa Lt. Vs. JCIT, Chambal Fertilisers and Chemicals Ltd. and Another Vs. JCIT
• Laws Referred To: CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC), Sesa Goa Lt. Vs. JCIT (2020) 423 ITR 426 (Bom.), Chambal Fertilisers and Chemicals Ltd. and Another Vs. JCIT (2018) 102 CCH 0202 (Raj-HC)
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘C’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER Miscellaneous Application Nos.189 to 192/PUN/2022 (arising out of ITA Nos.618 & 619/PUN/2020 and 44 & 45/PUN/2021) Assessment Years : 2014-15 and 2015-16 DCIT, Circle-1(1), Pune Vs. M/s. City Corporation Ltd., (Earlier known as Amanora Future Towers Pvt. Ltd.), 917/19A, City Chambers, F.C. Road, Pune 411 004 Maharashtra PAN : AAKCA3074H (Applicant) (Respondent) Assessee by : Shri Suhas P. Bora Revenue by : Shri Suhas Kulkarni Date of Hearing : 20-01-2023 Date of Pronouncement : 20-01-2023 ORDER PER R.S.SYAL, VP : These four Miscellaneous applications have been filed by the Revenue against the orders passed by the Tribunal on 17-08-2021 in relation to the assessment years 2014-15 and 2015-16. 2. The only issue raised herein is that the Tribunal wrongly granted deduction for Education Cess and Higher Secondary Cess contrary to the law laid down by the Hon’ble Supreme M.A.Nos.189 to 192/PUN/2022 M/s. City Corporation Ltd. (Earlier Amanora Future Towers Pvt. Ltd.) 2 Court in CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC). The ld. AR supported the impugned orders. 3. Having heard both the sides and gone through the relevant material on record, it is seen that, firstly, the Tribunal did not grant any blanket deduction but remitted the matter to the file of the Assessing Officer for ascertaining the correct amount of Education Cess and then allowing deduction. For the deductibility of Education Cess etc., the Tribunal relied on the judgment of Hon’ble jurisdictional High Court in Sesa Goa Lt. Vs. JCIT (2020) 423 ITR 426 (Bom.) and also the judgment of Hon’ble Rajasthan High Court in Chambal Fertilisers and Chemicals Ltd. and Another Vs. JCIT (2018) 102 CCH 0202 (Raj-HC). The ld. DR fairly admitted that the decision of the Tribunal is otherwise in conformity with the view canvassed by the Hon’ble jurisdictional High Court. In deciding the issue accordingly, the Hon’ble High Court took into consideration certain judgments, including those of the Hon’ble Supreme Court. In view of the binding judgment under article 227 of the Constitution of India, deciding the issue in the manner dealing exactly with the point under consideration, we cannot M.A.Nos.189 to 192/PUN/2022 M/s. City Corporation Ltd. (Earlier Amanora Future Towers Pvt. Ltd.) 3 characterize the impugned orders as erroneous requiring any rectification. We thus hold that there is no mistake much less mistake apparent from record requiring rectification in the impugned orders. 4. In the result, the Miscellaneous Applications are dismissed. Order pronounced in the Open Court on 20 th January, 2023. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 20 th January, 2023 सतीश आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. The CIT(A)-13, Pune concerned 4. 5. The Pr. CIT-5, Pune DR, ITAT, ‘C’ Bench, Pune 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune M.A.Nos.189 to 192/PUN/2022 M/s. City Corporation Ltd. (Earlier Amanora Future Towers Pvt. Ltd.) 4 Date 1. Draft dictated on 20-01-2023 Sr.PS 2. Draft placed before author 20-01-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *