ITO, CHENNAI v. Mettupakkam Foundation, CHENNAI

MA 236/CHNY/2019 | 2012-2013
Pronouncement Date: 29-11-2019 | Result: Dismissed

Appeal Details

RSA Number 23621724 RSA 2019
Assessee PAN AAEFM9675R
Bench Chennai
Appeal Number MA 236/CHNY/2019
Duration Of Justice 2 month(s) 13 day(s)
Appellant ITO, CHENNAI
Respondent Mettupakkam Foundation, CHENNAI
Appeal Type Miscellaneous Application
Pronouncement Date 29-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 29-11-2019
Last Hearing Date 08-11-2019
First Hearing Date 08-11-2019
Assessment Year 2012-2013
Appeal Filed On 16-09-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI !' . BEFORE SHRI GEORGE MATHAN JUDICIAL MEMBER AND SHRI S. JAYARAMAN ACCOUNTANT MEMBER M.A. NOS.236 237 & 238/CHNY2019 (IN I.T.A. NOS.687/CHNY/2016 2663 & 2664/CHNY/2014) !$ /ASSESSMENT YEAR: 2012-13 2010-11 & 2011-12 THE INCOME TAX OFFICER BUSINESS WARD IV (2) / CORPORATE WARD 15(3) CHENNAI 600 034. VS. M/S. METTUPAKKAM FOUNDATIONS NO.11 BASEMENT VARSHA APARTMENT 1 ST STREET NEHRU NAGAR ADYAR CHENNAI 600 020 [PAN: AAEFM 9675R] ( /APPELLANT) ( %&' /RESPONDENT) DEPARTMENT BY : MS. R. ANITA JCIT PETITIONER BY : MR. S. SRIDHAR ADVOCATE ( ! ) *+ /DATE OF HEARING : 29.11.2019 -$ ) *+ / DATE OF PRONOUNCEMENT : 29.11.2019 . / O R D E R PER GEORGE MATHAN JUDICIAL MEMBER : THESE ARE MISCELLANEOUS APPLICATIONS FILED BY THE R EVENUE IN THE ORDER OF THE TRIBUNAL IN I.T.A. NOS.2663 & 2664/CHNY/2014 FO R THE ASSESSMENT YEARS 2010-11 AND 2011-12 AND I.T.A. NO.687/CHNY/2016 FOR THE ASSESSMENT YEAR 2012-13 DATED 17 TH JUNE 2019. M.A. NOS.236 237 & 238/CHNY2019 :- 2 -: 2. MS. R. ANITA JCIT REPRESENTED ON BEHALF OF THE REVENUE AND MR. S. SRIDHAR ADVOCATE REPRESENTED ON BEHALF OF THE ASSE SSEE. 3. IN THE MISCELLANEOUS APPLICATION IT HAS BEEN SUB MITTED BY THE REVENUE THAT THE GROUND RAISED BY THE REVENUE IN GROUND NOS.1 AN D 2.1 MUST BE READ TO COVER THE ISSUE OF APPROVAL OF THE PROJECT AS RAISE D BY THE ASSESSING OFFICER. IT WAS A SUBMISSION THAT THE ORDER OF THE TRIBUNAL CON SEQUENTLY SUFFERED FROM THE MISTAKE APPARENT FROM THE RECORD AND THE SAME IS LI ABLE TO BE RECALLED. THE PERUSAL OF THE GROUNDS RAISED BY THE REVENUE MORE S PECIFICALLY IN GROUND NOS.1 AND 2.1 READS AS FOLLOWS: 1. THE ORDER OF THE COMMISSIONER OF INCOME TAX (A PPEALS) IS CONTRARY TO THE LAW AND FACTS OF THE CASE. 2.1. THE LEARNED CIT(A) ERRED IN HOLDING THAT THE ASSESSEE WILL BE ENTITLED FOR DEDUCTION U/S.80IB(10) WITH RESPECT TO THE WHOLE PROJECT AS THERE WAS AN EXPRESS VIOLATION OF U/S.80IB10(C). CLEARLY GROUND NOS.1 AND 2.1 HAS NOTHING TO DO WITH THE ISSUE OF THE APPROVAL RAISED BY THE REVENUE. GROUND NO.2.2 HOWE VER DOES TALK OF THE DATE OF APPROVALS. HOWEVER THE MAIN CONTENTION OF THE REV ENUE HAS BEEN THAT THE DEDUCTION U/S.80IB(10) ALLOWED BY THE LEARNED CIT(A ) BY FOLLOWING THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE O F M/S. VISWAS PROMOTERS (P) LIMITED REPORTED IN 383 ITR 49 (MAD) WAS ERRONEOUS. EVEN BEFORE THE LEARNED CIT(A) IN PARA-5 OF HIS ORDER THE LEARNED CIT(A) THOUGH AGREES THAT THE PROJECT HAS BEEN COMPLETED WELL WITHIN FIVE YEARS HAS PROC EEDED TO ADJUDICATE THE ISSUE ON PRO RATA BASIS BENEFIT TO BE GRANTED TO THE ASSE SSEE. M.A. NOS.236 237 & 238/CHNY2019 :- 3 -: 4. THE AUTHORIZED REPRESENTATIVE HAS VEHEMENTLY SUP PORTED THE ORDER OF THE TRIBUNAL. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSION AND PERU SED THE MATERIALS AVAILABLE ON RECORD. 6. THE REVENUE HAS NOT BEEN ABLE TO POINT OUT ANY S PECIFIC ERROR IN THE ORDER OF THE TRIBUNAL. A PERUSAL OF THE LOG-BOOK ALSO SH OWS THAT THE MAIN ARGUMENT WAS IN RESPECT OF THE ORDER OF THE LEARNED CIT(A) WHER EIN HE HAS FOLLOWED THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CAS E OF M/S. VISWAS PROMOTERS (P) LIMITED. NO OTHER ISSUES HAD BEEN ARGUED. 7. THIS BEING SO AS NO ERROR HAS BEEN POINTED OUT IN THE ORDER OF THE TRIBUNAL THE MISCELLANEOUS APPLICATION NOW FILED BY THE REVE NUE IS IN THE NATURE OF A REVIEW APPLICATION WHICH IS NOT PERMISSIBLE U/S.254 (2) OF THE INCOME TAX ACT 1961. 8. IN THE RESULT THE MISCELLANEOUS APPLICATIONS M.A. NOS.236 237 & 238/CHNY2019 FILED BY THE REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH NOVEMBER 2019 IN CHENNAI. SD/- ( . ) ( S. JAYARAMAN ) + /ACCOUNTANT MEMBER /CHENNAI /' /DATED: 29 TH NOVEMBER 2019 . IA SR. PS SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER . ) %*01 21$* /COPY TO: M.A. NOS.236 237 & 238/CHNY2019 :- 4 -: 1. ' /APPELLANT 2. %&' /RESPONDENT 3. ( 3* ( )/CIT(A) 4. ( 3* /CIT 5. 1!45 %* /DR 6. 56 7 /GF