ITO, CHENNAI V. Mettupakkam Foundation, CHENNAI

MA 236/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3331 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 16-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , !' . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER M.A. NOS.236, 237 & 238/CHNY2019 (IN I.T.A. NOS.687/CHNY/2016, 2663 & 2664/CHNY/2014) !$ /ASSESSMENT YEAR: 2012-13, 2010-11 & 2011-12 THE INCOME TAX OFFICER, BUSINESS WARD IV (2) / CORPORATE WARD 15(3) CHENNAI 600 034. VS. M/S. METTUPAKKAM FOUNDATIONS, NO.11, BASEMENT VARSHA APARTMENT, 1 ST STREET, NEHRU NAGAR, ADYAR, CHENNAI 600 020 [PAN: AAEFM 9675R] ( /APPELLANT) ( %&' /RESPONDENT) DEPARTMENT BY : MS. R. ANITA, JCIT PETITIONER BY : MR. S. SRIDHAR, ADVOCATE ( ! ) *+ /DATE OF HEARING : 29.11.2019 ,-$ ) *+ / DATE OF PRONOUNCEMENT : 29.11.2019 . / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THESE ARE MISCELLANEOUS APPLICATIONS FILED BY THE R EVENUE IN THE ORDER OF THE TRIBUNAL IN I.T.A. NOS.2663 & 2664/CHNY/2014 FO R THE ASSESSMENT YEARS 2010-11 AND 2011-12 AND I.T.A. NO.687/CHNY/2016 FOR THE ASSESSMENT YEAR 2012-13 DATED 17 TH JUNE, 2019. M.A. NOS.236, 237 & 238/CHNY2019 :- 2 -: 2. MS. R. ANITA, JCIT REPRESENTED ON BEHALF OF THE REVENUE AND MR. S. SRIDHAR, ADVOCATE REPRESENTED ON BEHALF OF THE ASSE SSEE. 3. IN THE MISCELLANEOUS APPLICATION IT HAS BEEN SUB MITTED BY THE REVENUE THAT THE GROUND RAISED BY THE REVENUE IN GROUND NOS.1 AN D 2.1 MUST BE READ TO COVER THE ISSUE OF APPROVAL OF THE PROJECT AS RAISE D BY THE ASSESSING OFFICER. IT WAS A SUBMISSION THAT THE ORDER OF THE TRIBUNAL CON SEQUENTLY SUFFERED FROM THE MISTAKE APPARENT FROM THE RECORD AND THE SAME IS LI ABLE TO BE RECALLED. THE PERUSAL OF THE GROUNDS RAISED BY THE REVENUE MORE S PECIFICALLY IN GROUND NOS.1 AND 2.1 READS AS FOLLOWS: 1. THE ORDER OF THE COMMISSIONER OF INCOME TAX (A PPEALS) IS CONTRARY TO THE LAW AND FACTS OF THE CASE. 2.1. THE LEARNED CIT(A) ERRED IN HOLDING THAT THE ASSESSEE WILL BE ENTITLED FOR DEDUCTION U/S.80IB(10) WITH RESPECT TO THE WHOLE PROJECT AS THERE WAS AN EXPRESS VIOLATION OF U/S.80IB10(C). CLEARLY GROUND NOS.1 AND 2.1 HAS NOTHING TO DO WITH THE ISSUE OF THE APPROVAL RAISED BY THE REVENUE. GROUND NO.2.2 HOWE VER DOES TALK OF THE DATE OF APPROVALS. HOWEVER, THE MAIN CONTENTION OF THE REV ENUE HAS BEEN THAT THE DEDUCTION U/S.80IB(10) ALLOWED BY THE LEARNED CIT(A ) BY FOLLOWING THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE O F M/S. VISWAS PROMOTERS (P) LIMITED REPORTED IN 383 ITR 49 (MAD) WAS ERRONEOUS. EVEN BEFORE THE LEARNED CIT(A) IN PARA-5 OF HIS ORDER, THE LEARNED CIT(A), THOUGH AGREES THAT THE PROJECT HAS BEEN COMPLETED WELL WITHIN FIVE YEARS, HAS PROC EEDED TO ADJUDICATE THE ISSUE ON PRO RATA BASIS BENEFIT TO BE GRANTED TO THE ASSE SSEE. M.A. NOS.236, 237 & 238/CHNY2019 :- 3 -: 4. THE AUTHORIZED REPRESENTATIVE HAS VEHEMENTLY SUP PORTED THE ORDER OF THE TRIBUNAL. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSION AND PERU SED THE MATERIALS AVAILABLE ON RECORD. 6. THE REVENUE HAS NOT BEEN ABLE TO POINT OUT ANY S PECIFIC ERROR IN THE ORDER OF THE TRIBUNAL. A PERUSAL OF THE LOG-BOOK ALSO SH OWS THAT THE MAIN ARGUMENT WAS IN RESPECT OF THE ORDER OF THE LEARNED CIT(A), WHER EIN HE HAS FOLLOWED THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CAS E OF M/S. VISWAS PROMOTERS (P) LIMITED. NO OTHER ISSUES HAD BEEN ARGUED. 7. THIS BEING SO, AS NO ERROR HAS BEEN POINTED OUT IN THE ORDER OF THE TRIBUNAL, THE MISCELLANEOUS APPLICATION NOW FILED BY THE REVE NUE IS IN THE NATURE OF A REVIEW APPLICATION WHICH IS NOT PERMISSIBLE U/S.254 (2) OF THE INCOME TAX ACT, 1961. 8. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS M.A. NOS.236, 237 & 238/CHNY2019 FILED BY THE REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH NOVEMBER, 2019 IN CHENNAI. SD/- ( . ) ( S. JAYARAMAN ) + /ACCOUNTANT MEMBER /CHENNAI, /' /DATED: 29 TH NOVEMBER, 2019 . IA, SR. PS SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER . ) %*01 21$* /COPY TO: M.A. NOS.236, 237 & 238/CHNY2019 :- 4 -: 1. ' /APPELLANT 2. %&' /RESPONDENT 3. ( 3* ( )/CIT(A) 4. ( 3* /CIT 5. 1!45 %* /DR 6. 56 7 /GF