Visvas Promoters (P) Ltd., Madurai V. DCIT, Madurai

MA 33/CHNY/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9785 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-01-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-01-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 03-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MDS ASSESSMENT YEARS; DOSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI [BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER] M.P.NOS.33, 34 & 35/MDS/2012 [IN I.T.A NOS.83,84 & 85/MDS/2012] ASSESSMENT YEARS : 2006-07, 2007-08 & 2008-09 M/S VISVAS PROMOTERS(P) LTD 78, AGRINI ENCLAVE TPK ROAD ANDALPURAM MADURAI 625 003 VS THE DY. CIT CIRCLE I(1) MADURAI [PAN - AABCV 2330 G] (PETITIONER) (RESPONDENT) O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER: THESE ARE THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL PASS ED IN REVENUES APPEALS IN I.T.A.NOS.83, 84 & 85/MDS/2012 FOR ASSES SMENT YEARS 2006-07, 2007-08 AND 2008-09, DATED 30.3.2012. 2. IN THE MISCELLANEOUS PETITIONS THE GRIEVANCE OF THE ASSESSEE IS THAT THE TRIBUNAL HAS CONFIRMED THE ORDER OF THE ASSESSING OFFICER IN NOT ALLOWING DEDUCTION U/S 80IB(10) ON THE GROUND THAT IN RESPECT OF PROJECTS IN WHICH THE RESIDENTIAL UNITS HAVE EXCEED ED 1500 SQ FT MP 33,34 & 35/12 :- 2 -: PRESCRIBED UNDER THE PROVISIONS OF SECTION 80IB(10) OF THE ACT FOLLOWING THE DECISION OF THE TRIBUNAL IN ASSESSEE S OWN CASE FOR ASSESSMENT YEARS 2004-05 AND 2005-06 WITHOUT CONSI DERING THE DECISION OF THE THIRD MEMBER OF THE CHENNAI BENCH O F THE TRIBUNAL IN THE CASE OF SANGHVI & DOSHI & SRI MAHALAKSHMI HOUSI NG. 3. THE ASSESSEE HAS NOW FILED A LETTER DATED 5.1.2013 SEEKING PERMISSION TO WITHDRAW THE MISCELLANEOUS PETITIONS FILED BY IT AS THE HON'BLE MADRAS HIGH COURT IN T.C.A.NOS. 190 TO 192/ 2012 VIDE ORDER DATED 2.11.2012, HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. 4. IN THE ABOVE FACTS AND CIRCUMSTANCES, THE MISCELLAN EOUS PETITIONS FILED BY THE ASSESSEE ARE DISMISSED AS W ITHDRAWN. SD/- SD/- (V. DURGA RAO) JUDICIAL MEMBER (N.S. SAINI) ACCOUNTANT MEMBER DATED: 15 TH JANUARY, 2013 RD : COPY TO: 1. PETITIONER 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR