COMMISSONER OF INCOME TAX(EXEMPTIONS) vs. GUJARAT INDUSTIRAL DEVELOPMENT CORPORATION LTD

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TAXAP/535/2018HC GujaratGJHC24029647201807 August 2018Author: HONOURABLE MR. JUSTICE M.R. SHAH,HONOURABLE MR. JUSTICE A.Y. KOGJE3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the present Tax Appeals. The Court noted that the learned advocate for the respondent (assessee) had pointed out that the issues raised in the present appeals were concluded against the Department. This conclusion was based on the decision of a Division Bench of the same High Court in the case of Commissioner of Income Tax vs. Gujarat Industrial Development Corporation, which dealt with the same assessee but for earlier assessment years. Therefore, in view of the binding precedent and the fact that the issues were concluded against the Department, the present appeals were dismissed. The Court did not delve into the merits of the ITAT's order or the specific grounds raised by the Revenue, as the appeals were disposed of on the ground of prior concluded decisions.

What were the facts?

The Revenue has filed these Tax Appeals challenging the common order dated 10.11.2017 passed by the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench ‘D’. The appeals pertain to Assessment Years 2013-2014 and 2012-2013. The ITAT's order allowed the assessee's appeals, thereby negating the findings of the CIT(A) and the Assessing Officer who had denied the benefits of Sections 11 and 12 of the Income Tax Act, 1961. The Assessing Officer had disallowed these benefits by invoking Section 2(15) read with Section 13(8) of the Act. The ITAT also set aside certain issues, including additions on account of premium on land and shades, depreciation allowance, carry forward and set off of deficits, and disallowance for unpaid leave encashment, for re-examination by the Assessing Officer.

What were the issues?

The Tribunal had to decide the following questions of law: 1. Whether the Tribunal was justified in allowing the assessee's appeal and negating the denial of benefits under Sections 11 and 12 of the Act by the lower authorities? 2. Whether the Tribunal was justified in granting the benefits of Sections 11 and 12, which were disallowed by the Assessing Officer invoking Section 2(15) read with Section 13(8) of the Act? 3. Whether the Tribunal was justified in setting aside the addition of Rs.1365,83,14,363/- on account of premium on land and shades back to the Assessing Officer, in view of the applicability of Section 2(15) of the Act? 4. Whether the Tribunal was justified in setting aside the issue of depreciation allowance for re-examination by the Assessing Officer, in view of the applicability of Section 2(15) of the Act? 5. Whether the Tribunal was justified in setting aside the issue of carry forward and set off of deficit of earlier years against current and subsequent years' income to the Assessing Officer, in view of the applicability of Section 2(15) of the Act? 6. Whether the Tribunal was justified in setting aside the issue of disallowance in respect of unpaid leave encashment to the Assessing Officer, in view of the applicability of Section 2(15) of the Act? Assessee's Contention: The learned advocate for the respondent (assessee) pointed out that the issues raised in these appeals are concluded against the Department by a decision of the Division Bench of this Court in the case of Commissioner of Income Tax vs. Gujarat Industrial Development Corporation, concerning the same assessee but for earlier assessment years. Revenue's Contention: The Revenue argued that the Tribunal was not justified in allowing the assessee's appeal and negating the findings of the lower authorities, and in granting the benefits of Sections 11 and 12 by invoking Section 2(15) read with Section 13(8). The Revenue also challenged the setting aside of various issues to the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 2(15),Section 13(8)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
C/TAXAP/535/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 535 of 2018 With R/TAX APPEAL NO. 536 of 2018 With R/TAX APPEAL NO. 537 of 2018 With R/TAX APPEAL NO. 539 of 2018 ================================================================ COMMISSONER OF INCOME TAX(EXEMPTIONS) Versus GUJARAT INDUSTIRAL DEVELOPMENT CORPORATION LTD ================================================================ Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1 MR B S SOPARKAR(6851) for the RESPONDENT(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 07/08/2018

COMMON ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH)

1.

Feeling aggrieved and dissatisfied by the impugned common order dated 10.11.2017 passed by the learned Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench ‘D’ in ITA No.427/Ahd./2017 for the Assessment Year : 2013-2014, ITA No.544/Ahd./2017 for the Assessment Year : 2013-2014, ITA No.2738/Ahd./2016 for the Assessment Year : 2012-2013 and ITA No.2700/Ahd./2016 for the Assessment Year : 2012- C/TAXAP/535/2018 ORDER 2013, the Revenue has preferred the present Tax Appeals with the following proposed questions of law :- “[A] Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in allowing the assessee’s appeal, negating the finding of the CIT(A) as well as the Assessing officer denying the benefits of section 11 and 12 of the Act? [B] Whether, on the facts and in the circumstances of the case the Appellate Tribunal is justified in giving the benefit of Section 11 and 12 which the Assessing Officer disallowed by invoking the provision of Section 2(15) r.w.s. 13(8) of the Act? [C] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is justified in setting aside the issue of addition of Rs.1365,83,14,363/- made on account of premium on land and shades back to the Assessing Officer in view of the applicability of Section 2(15) of the Act in place to uphold the decision of AO on merit? [D] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is justified in setting aside the issue of depreciation allowance for re-examination at the end of Assessing Officer in view of the applicability of Section 2(15) of the Act in place to uphold the decision of AO? [E] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is justified in setting aside the issue of carry forward and set off of deficit of earlier years against the income of the current year and subsequent years to the Assessing Officer in view of the applicability of Section 2(15) of the Act in place to uphold the decision of CIT(A) on merits? [F] Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is justified in setting aside the issue of disallowance in respect of unpaid leave encashment to the Assessing Officer in view of the applicability of Section 2(15) of the Act in place to uphold the decision of CIT(A) on merits?” C/TAXAP/535/2018 ORDER

2.

Learned Advocate for the respondent Mr. B.S. Soparkar has pointed out that so far as this Court is concerned, the issues / questions raised in the present Appeals are No.380/2017 and allied Appeals, in the case of the very assessee, but with respect to the earlier assessment years.

3.

In that view of the matter, the present Appeals stand DISMISSED, as so far as this Court is concerned as the issues are concluded against the Department. (M.R. SHAH, J) (A.Y. KOGJE, J) CAROLINE

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