Mettupakkam Foundations, CHENNAI V. ITO, CHENNAI

MA 46/CHNY/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4146 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 28-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M MATHIVANAN IRS JCIT MP NOS

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . , , [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ] M.P. NO. 45/CHNY/2019 ./I.T.A. NOS.2663/ CHNY/2014 ! / ASSESSMENT YEAR : 2010-11. M/S. METTUPAKKAM FOUNDATIONS, N.11, BASEMENT, VARSHA APARTMENT, IST STREET NEHRU NAGAR, ADYAR, CHENNAI 600 020. VS. THE INCOME TAX OFFICER, BUSINESS WARD IV(2) CHENNAI 600 034. M.P. NOS. 46 & 47/CHNY/2019 ./I.T.A. NOS. 2664/CHNY/2014 AND 687/CHNY/2016 ! / ASSESSMENT YEARS : 2011-2012 AND 2012-13 M/S. METTUPAKKAM FOUNDATIONS, N.11, BASEMENT, VARSHA APARTMENT, IST STREET NEHRU NAGAR, ADYAR, CHENNAI 600 020. [PAN AAEFM 9675R] : THE INCOME TAX OFFICER, CORPORATE WARD 15(3) CHENNAI 600 034. PETITIONER ( /RESPONDENT) '# $ % / APPELLANT BY : SHRI. S. SRIDHAR, ADVOCATE &' '# $ % /RESPONDENT BY : SHRI. M. MATHIVANAN, IRS, JCIT. MP NOS.45, 46 & 47/2019 :- 2 -: ( ) $ * /DATE OF HEARING : 10-05-2019 +,! $ * /DATE OF PRONOUNCEMENT : 16-05-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THESE MISCELLANEOUS PETITIONS WERE FILED BY TH E ASSESSEE SEEKING RECTIFICATION OF THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL ON 31.01.2019 IN ITA NOS.2663 & 2664/CHNY/14 AND ITA NO.687/CHNY/2016 FOR ASSESSMENT YEARS 2010-2011, 20 11-12 AND 2012-2013 RESPECTIVELY ON THE GROUND THAT THE IMPU GNED ORDER IS PASSED BY THIS TRIBUNAL ON THE GROUNDS NOT RAISED BY THE APPELLANT. 2. WE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MISCELL ANEOUS PETITIONS AND THE IMPUGNED ORDER. THIS TRIBUNAL WH ILE ADJUDICATING THE ISSUE IN APPEAL I.E. ELIGIBILITY OF THE ASSESSEE FO R DEDUCTION U/S.80IB(10) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) HELD THAT APPELLANT IS NOT ENTITLED FOR DEDUCTION U/S.80IB (1 0) OF THE ACT ON THE GROUND THAT HOUSING PROJECT UNDERTAKEN BY THE ASS ESSEE IS NOT AN APPROVED HOUSING PROJECT. HOWEVER FROM THE GROUNDS OF APPEAL FILED BY THE REVENUE, IT IS CLEAR THAT THE REVENUE HAD C HALLENGED ONLY THE DATE OF APPROVAL OF THE PROJECT AND NOT THE APPROVA L ITSELF AND THEREFORE WE ARE OF THE CONSIDERED OPINION THAT IT IS APPROPRIATE TO MP NOS.45, 46 & 47/2019 :- 3 -: RECALL THE ENTIRE APPEAL FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE. ACCORDINGLY, THE IMPUGNED ORDER PASSED BY THIS TRIBUNAL IS RECALLED AND THE MATTER IS POSTED FOR HEARING ON 17.06.2019.THERE SHALL BE NO FRESH NOTICE TO PARTIE S SINCE THE DATE IS DECLARED IN THE OPEN COURT. 3. IN THE RESULT, THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED ON 16TH DAY OF MAY, 2019, AT CH ENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER - ) / CHENNAI . / DATED: 16 TH MAY, 2019 KV $ &*01 21!* / COPY TO: 1 . '# / APPELLANT 3. ( 3* () / CIT(A) 5. 16 &*7 / DR 2. &' '# / RESPONDENT 4. ( 3* / CIT 6. 8 9) / GF