DCIT, CHENNAI v. M/s. Arihant Foundations & Housing Ltd., CHENNAI

ITA 656/CHNY/2011 | 2004-2005
Pronouncement Date: 20-07-2011 | Result: Dismissed

Appeal Details

RSA Number 65621714 RSA 2011
Assessee PAN AAACA7402P
Bench Chennai
Appeal Number ITA 656/CHNY/2011
Duration Of Justice 3 month(s) 9 day(s)
Appellant DCIT, CHENNAI
Respondent M/s. Arihant Foundations & Housing Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 20-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 20-07-2011
Assessment Year 2004-2005
Appeal Filed On 11-04-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE DR. O.K. NARAYANAN VICE-PRESIDENT AND SHRI HARI OM MARATHA JUDICIAL MEMBER I.T.A.NOS. 656 & 657/MDS/2011 ASSESSMENT YEARS : 2004-05 AND 2005-06 THE DEPUTY COMMISSIONER OF INCOME-TAX COMPANY CIRCLE-I(1) CHENNAI 600 034. VS. M/S. ARIHANT FOUNDATIONS & HOUSING LTD. 271 POONAMALLEE HIGH ROAD KILPAUK CHENNAI 600 010. PAN AAACA 7402 P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.P.GOPAKUMAR JCIT RESPONDENT BY : SHRI DEVENDRA KUM AR BHANDARI FCA O R D E R PER DR. O.K. NARAYANAN VICE-PRESIDENT THESE TWO APPEALS ARE FILED BY THE REVENUE FOR THE ASSESSMENT YEARS 2004-05 AND 2005-06. THESE TWO AP PEALS ARE DIRECTED AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-III AT CHENNAI DATED 14.1.2011 AND ARISE OUT OF THE ASSESSMENTS COMPLETED UNDER SEC.143(3) READ WITH SE CTION 263 OF THE INCOME-TAX ACT 1961. ITA 656 & 657/11 :- 2 -: 2. THE ASSESSMENTS IN THESE CASES WERE ORIGINALLY C OMPLETED UNDER SEC.143(3) MAKING CERTAIN ADDITIONS TO THE IN COME RETURNED BY THE ASSESSEE. THE ASSESSEE HAD CLAIMED DEDUCTIO N UNDER SEC.80IB(10) AND THE SAME WAS ALLOWED BY THE ASSESS ING AUTHORITY. THEREAFTER THE COMMISSIONER OF INCOME- TAX AFTER EXAMINING THE RECORDS OF THE CASE FOUND THAT THE DE DUCTION GRANTED BY THE ASSESSING OFFICER UNDER SEC.80IB(10) WAS NOT PROPER. HE ACCORDINGLY SET ASIDE THE ASSESSMENT O RDERS AND DIRECTED THE ASSESSING AUTHORITY TO CONSIDER THE CL AIM OF THE ASSESSEE MADE UNDER SEC.80IB(10). 3. THE ASSESSMENTS IMPUGNED IN THESE APPEALS ARE TH E ASSESSMENTS COMPLETED UNDER SEC.143(3) AND BORN OUT OF THE ABOVE SAID ORDERS PASSED BY THE COMMISSIONER OF INC OME-TAX UNDER SEC.263. 4. THESE 263 BORN ASSESSMENTS WERE TAKEN IN APPEALS BEFORE THE COMMISSIONER OF INCOME-TAX (APPEALS) WHO ALLOWE D THE CONTENTIONS OF THE ASSESSEE IN RESPECT OF DEDUCTION UNDER SEC.80IB(10). THE REVENUE IS AGGRIEVED AND THEREFO RE THESE APPEALS BEFORE US. 5. MEANWHILE THE INCOME-TAX APPELLATE TRIBUNAL CH ENNAI A BENCH HAS CONSIDERED THE REVISION ORDERS PASSED BY THE ITA 656 & 657/11 :- 3 -: COMMISSIONER OF INCOME-TAX IN THEIR ORDER DATED 15. 12.2010 IN ITA NOS. 1165 & 1166/MDS/2009. THE TRIBUNAL HELD T HAT THE REVISION ORDERS PASSED BY THE COMMISSIONER OF INCOM E-TAX ARE NOT SUSTAINABLE IN LAW. ACCORDINGLY THOSE REVISIO N ORDERS DO NOT SURVIVE. THEREFORE THE IMPUGNED ASSESSMENTS COMPL ETED BY THE ASSESSING AUTHORITY THEMSELVES ARE INFRUCTUOUS. AS A CONSEQUENCE THE ORDERS OF THE COMMISSIONER OF INCO ME-TAX (APPEALS) ALSO HAVE BECOME INFRUCTUOUS AND LIKEWISE THESE TWO APPEALS FILED BY THE REVENUE TOO. 6. IN RESULT THESE TWO APPEALS FILED BY THE REVENU E ARE DISMISSED AS INFRUCTUOUS. ORDERS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON WEDNESDAY THE 20 TH DAY OF JULY 2011 AT CHENNAI. SD/- SD/- (HARI OM MARATHA) (DR.O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI DATED THE 20 TH JULY 2011 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR