The ACIT.,Circle-1(1)(1), Vadodara V. Gujarat Industries Power Co. Ltd., Vadodara

MA 84/AHD/2022

AI Insights

The case involves the Income Tax Appellate Tribunal in Ahmedabad, which addressed Miscellaneous Applications filed by the Revenue concerning the disallowance of a deduction of Rs. 6,21,39,680 claimed on other income under Section 80IA of the Income Tax Act. The Tribunal had previously dismissed the appeals and Cross Objections based on a precedent from A.Y. 2003-04, which the Revenue contended was misapplied. The Tribunal acknowledged the error and decided to recall the earlier order, restoring the matter for a fresh hearing to reassess the eligibility of the deduction claimed for the assessment years 2009-10 to 2012-13.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 125621 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-03-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 09-03-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 06-10-2022
• Other Referred Cases: ITA No. 3003/Ahd/2010
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 80IA; 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER M. A . N os . 8 3 to 8 6 /A h d /2 0 2 2 ( In I TA N os . 4 7 2/ A /20 13 ,5 35 /A /2 0 1 4, 1 25 7 / A/2 01 5 &2 4 6 3/ A / 20 16) & M. A . N os . 8 8 & 8 9 / Ah d/ 20 22 ( I n C .O . N o s . 1 1 1 / A h d/ 2 0 15 & 2 0 7/ A h d /2 01 6) ( A s s e s s me nt Y ea r s : 2 0 09 -1 0 to 2 01 2 - 1 3) AC I T C ir c l e- 1 ( 1 )( 1 ) , Va do dar a Vs .M/ s . G uj ar a t I nd u s t r ie s Po we r C o . Ltd ., P. O . Pe tr oc h e m i ca l s, D i st: B a r od a - 3 91 3 46 [ P AN N o. A A AC G 7 2 7 7Q ] (Appellant) .. (Respondent) Appellant by : Shri N. J. Vyas, Sr. D.R. Respondent by : Ms. Amrin Pathan, A.R. D a t e of H ea r i ng 10.03.2023 D a t e of P r o no u n ce me nt 15.03.2023 O R D E R PER Ms. SUCHITRA KAMBLE - JM: These Miscellaneous Applications are filed by the Revenue in respect of the order dated 13.04.2022 passed by the Tribunal. 2. The Ld. D.R. submitted that the Tribunal on the basis of A.Y. 2003-04 has dismiss the Cross Objections / Appeals filed by the assessee and the Revenue, and allowed the appeal of the assessee. The Ld. D.R. further submitted that the Tribunal erred in deleting the disallowance of deduction of Rs. 6,21,39,680/- claimed on other income following the assessee’s own case in ITA No. 3003/Ahd/2010 relating to A.Y. 2003-04 dated 28.02.2022 without appreciating the fact that for the A.Y. 2003-04 followed by the Tribunal the Assessing Officer has disallowed the claim of deduction under Section 80IA of M.A Nos.83to86/Ahd/2022 & M.A. Nos.88&89/A/2022 (in ITA Nos.472 /A/2013, 535/A/14,1257/A/15 & 2463/A/16 & C.O. Nos. 111/A/15 &207/A/16) ACIT vs. Gujarat Industries Power Company Ltd. Asst.Years–2009-10 to 2012-13 - 2 - the Income Tax Act on account of non-compliance on the provisions of Section 80IA(7) of the Act and the claim was made only during the course of assessment proceedings whereas in the A.Y. 2009-10, the Assessing Officer has made the disallowance of deduction under Section 80IA of the Act of Rs. 6,21,39,680/- claimed on other income which cannot be said to be the profits and gains derived from the business of generation and sales of electricity carried out by the assessee and therefore, the same is not eligible for deduction under Section 80IA of the Act. Therefore, the Ld. D.R. submitted that the order dated 13.04.2022 may be recalled and restore for fresh hearing. The Ld. D.R. further submitted that for A.Y. 2010-11 & 2012-13 also the similar facts are involved as in A.Y. 2009-10. 3. The Ld. A.R. submitted that in A.Y. 2011-12 & 2012-13 even if the matter is restored the same has Low Tax Effect and therefore, the same should be taken into account. As regards, A.Ys. 2009-10, 2010-11, 2011-12 & 2012- 13 the Cross Objections and the appeals there is a factual error. 4. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that there is a factual mistake while applying the decision in assessee’s own case for A.Y. 2003-04 by the Tribunal and hence the order dated 13.04.2022 needs to be recalled and ITA No. 472/Ahd/2013 for A.Y. 2009-10, ITA No. 535/Ahd/2014 for A.Y. 2010-11, ITA No. 1257/Ahd/2015 & C.O. No. 111/Ahd/2015 for A.Y. 2011-12 and ITA No. 2463/Ahd/2016 & C.O. No. 207/Ahd/2016 for A.Y. 2012-13, all these appeals and Cross Objections may be restored for fresh hearing. The Registry is directed to place the appeals and Cross Objections on 08.05.2023 for fresh hearing. As regards, the contention of the Ld. A.R. that for A.Y. 2011-12 & M.A Nos.83to86/Ahd/2022 & M.A. Nos.88&89/A/2022 (in ITA Nos.472 /A/2013, 535/A/14,1257/A/15 & 2463/A/16 & C.O. Nos. 111/A/15 &207/A/16) ACIT vs. Gujarat Industries Power Company Ltd. Asst.Years–2009-10 to 2012-13 - 3 - 2012-13 the tax effect is below the threshold, the said plea can be taken at the time of hearing. Both the parties are allowed to take their respective stand at the time of hearing. 5. In result, all the Miscellaneous Applications filed by the Revenue are allowed. This Order pronounced in Open Court on 15/03/2023 Sd/- Sd/- (WASEEM AHMED) ACCOUNTANT MEMBER (SUCHITRA KAMBLE) JUDICIAL MEMBER Ahmedabad; Dated 15/03/2023 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 10.03.2023 2. Date on which the typed draft is placed before the Dictating Member 10.03.2023 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 13.03.2023 5. Date on which the fair order is placed before the Dictating Member for pronouncement .03.2023 6. Date on which the fair order comes back to the Sr.P.S./P.S 15.03.2023 7. Date on which the file goes to the Bench Clerk 15 .03.2023 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................