THE DY.C.I.T., CENTRAL CIRCLE-36, MUMBAI v. M/S. ABG INFRALOGISTICS LTD.(FORMERLY KNOWN AS ABG HEAVY INDUSTRIES LTD.), MUMBAI

ITA 2952/MUM/2009 | 2006-2007
Pronouncement Date: 30-04-2010 | Result: Dismissed

Appeal Details

RSA Number 295219914 RSA 2009
Bench Mumbai
Appeal Number ITA 2952/MUM/2009
Duration Of Justice 11 month(s) 23 day(s)
Appellant THE DY.C.I.T., CENTRAL CIRCLE-36, MUMBAI
Respondent M/S. ABG INFRALOGISTICS LTD.(FORMERLY KNOWN AS ABG HEAVY INDUSTRIES LTD.), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 30-04-2010
Date Of Final Hearing 21-04-2010
Next Hearing Date 21-04-2010
Assessment Year 2006-2007
Appeal Filed On 07-05-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI R.S. SYAL (AM) & VIJAY PAL RAO(JM) I.T.A.NO.2952/MUM/2009 (A.Y.2006-07) DY. COMMR. OF INCOME-TAX CENT.CIR.36 AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020. VS. M/S.ABG INFRALOGISTICS LTD. (FORMERLY KNOWN AS ABG HEAVY INDUSTRIES LTD.) 5 TH FLOOR BHUPATI CHAMBERS 13 MATHEW ROAD MUMBAI-400 004. APPELLANT RESPONDENT APPELLANT BY SHR I S.B. SINGH. RESPONDENT BY SHRI M S.ARATI VISSANJI. O R D E R PER R.S. SYAL AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 13-03-2009 IN RELATION TO THE ASSTT. YEAR 2006-0 7. THE ONLY GROUND RAISED IN THIS APPEAL IS AGAINST THE DIRECTION OF THE LD. CIT (A) FOR ALLOWING DEDUCTION U/S.80IA OF THE ACT. 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT T HE ASSESSEE CLAIMED DEDUCTION U/S.80IA IN RESPECT OF CONTAINER HANDLING CRANES WHICH WAS NOT ALLOWED BY THE AO FOR THE REASONS STATED IN THE ASSESSMENT ORDER. THE LD. CIT(A) FOLLOWING THE ORDER PASSED BY THE TRIBUNAL IN ASSES SMENT YEARS 1997-98 1998- 99 2004-05 & 2005-06 ACCEPTED THE ASSESSEES CLAI M AGAINST WHICH THE REVENUE HAS COME IN APPEAL BEFORE US. 3. HAVING HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD IT IS NOTED THAT THE LD. CIT(A) ALLOWED DED UCTION U/S.80IA BY FOLLOWING THE ORDER PASSED BY THE TRIBUNAL IN ASSESSEES OWN CASE IN EARLIER YEARS. THE SAID ITA 2592/M/09 AGB INFRALOGISTICS LTD. 2 ORDER OF THE TRIBUNAL WAS ASSAILED BY THE REVENUE B EFORE THE HONBLE HIGH COURT. THE DEPARTMENTAL APPEAL STANDS DISMISSED AND COPY O F THE JUDGMENT OF THE HONBLE HIGH COURT IN ITA NO.1687 OF 2009 ETC. IS A VAILABLE ON RECORD. IN VIEW OF THE FOREGOING REASONS WE ARE SATISFIED THAT THE IM PUGNED ORDER DOES NOT WARRANT ANY INTERFERENCE. 4. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THE 30TH DAY OF APRIL 2010 . SD/- SD/- (VIJAY PAL RAO) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER * MUMBAI:30 TH APRIL 2010. NG: COPY TO : 1. ASSESSEE. 2.DEPARTMENT. 3 CIT(A)CENT.VI MUMBAI. 4 CIT-III MUMBAI. 5.DR G BENCH MUMBAI. 6.GUARD FILE. (TRUE COPY) BY ORDER NG: ASST.REGISTRAR ITAT MUMBAI. ITA 2592/M/09 AGB INFRALOGISTICS LTD. 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 21-4-10 SR.PS/ 2 DRAFT PLACED BEFORE AUTHOR 22-4-10 SR.PS/ 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER