SHREEDHAM CONSTRUCTORS P.LTD, MUMBAI v. ITO 13(2)(3), MUMBAI

ITA 1198/MUM/2018 | 2013-2014
Pronouncement Date: 09-03-2021 | Result: Allowed

Appeal Details

RSA Number 119819914 RSA 2018
Assessee PAN AAACS8662H
Bench Mumbai
Appeal Number ITA 1198/MUM/2018
Duration Of Justice 3 year(s) 8 day(s)
Appellant SHREEDHAM CONSTRUCTORS P.LTD, MUMBAI
Respondent ITO 13(2)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 09-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted J
Tribunal Order Date 09-03-2021
Last Hearing Date 01-04-2019
First Hearing Date 28-12-2020
Assessment Year 2013-2014
Appeal Filed On 01-03-2018
Judgment Text
THE INCOME TAX APPELLATE TRIBUNAL G BENCH MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI RAMLAL NEGI (JM) I.T.A. NO. 1198/MUM/2018 (ASSESSMENT YEAR 2013-14) M/S. SHREEDHAM CONSTRUCTIONS PVT. LTD. 105/106 VIJAY INDUSTRIAL ESTATE 1 ST FLOOR NEW LINK ROAD CHINCHOLI BUNDER MALAD WEST MUMBAI-400 064. PAN : AAACS8662H VS. ITO-13(2)(3) ROOM NO. 146B AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI NEELKANTH KHANDELWAL DEPARTMENT BY SHRI T.S. KHALSA DATE OF HEARING 09.03.2021 DATE OF PRONOUNCEMENT 09.03.2021 O R D E R PER SHAMIM YAHYA (AM) :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LEARNED CIT(A) DATED 29.12.2017 AND PERTAINS TO A.Y. 2013-1 4. 2. THE ISSUE RAISED IN GROUND NO. 1 AS UNDER :- ON THE FACTS AND CIRCUMSTANCES OF THE APPELLANTS CASE AND IN LAW LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN CONFI RMING THE REDUCTION FROM WORK-IN-PROGRESS MADE BY THE ASSESSING OFFICER AMOUNTING TO RS. 3 36 000/- BEING RENT PAID TO TENANTS BY INVOKING PROV ISIONS OF SECTION 37(1) OF THE INCOME TAX ACT 1961. 3. AT THE OUTSET LEARNED COUNSEL OF THE ASSESSEE C ONTENDED THAT IDENTICAL ISSUE FOR A.Y. 2008-09 2009-10 & 2012-13 IN ASSESS EES OWN CASE BY COMBINED ORDER DATED 14.11.2017 HAS BEEN REMITTED B Y THE ITAT TO THE FILE OF THE ASSESSING OFFICER TO CONSIDER THE SAME AFRESH. HENCE LEARNED COUNSEL PLEADED THAT THIS ISSUE MAY ALSO BE REMITTED TO THE FILE OF THE ASSESSING OFFICER. M/S. SHREEDHAM CONSTRUCTIONS PVT. LTD. 2 4. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. WE FIND THAT THE ITAT IN ASSESSEES OWN CASE IN EARLIER YEARS HA S REMITTED SIMILAR ISSUE TO THE FILE OF THE ASSESSING OFFICER. HENCE FOLLOWING THE AFORESAID PRECEDENT WE DEEM IT APPROPRIATE TO REMIT THIS ISSUE ALSO TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL DECIDE THE ISSUE IN TER MS OF THE ITAT DIRECTION AS ABOVE. 5. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 9.3.2021. SD/- SD/- (RAMLAL NEGI) (SHAMIM YA HYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 09/03/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. BY ORDER //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT MUMBAI