M/S MADHUR MAHESH WAREHOUSE,HOSHAGABAD vs. THE ACIT 1(2), BHOPAL

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ITA 1305/IND/2016Status: DisposedITAT Indore31 January 2018AY 2006-073 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, in the interest of justice, decided to grant a final opportunity to the assessees to furnish supporting documents for their deduction claim. The matter was set aside and restored to the Commissioner (Appeals) for a fresh decision.

What were the facts?

The assessees claimed deduction under Section 80IB(11A) of the Income Tax Act. The Assessing Officer disallowed the deduction, and the Commissioner (Appeals) upheld this view. The assessees contended they were not given adequate opportunity to present their case.

What were the issues?

The primary issue was the eligibility for deduction under Section 80IB(11A) and whether the assessees were provided with adequate opportunity to present their case before the lower authorities.

Which sections of the Income-tax Act were involved?

Section 80IB(11A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Shri S.S. Solanki, CA
For Respondent: Shri Lal Chand, CIT-DR
Hearing: 31.01.2018Pronounced: 31.01.2018

आदेश / O R D E R

PER BENCH: These two appeals by two different assessees against two different orders of Commissioner of Income Tax (Appeals)-2, Bhopal

dated 01.07.2016 and 13.07.2016 respectively. Since the similar issue is involved in three appeals. Both were taken up together for the sake of convenience and are being disposed of by way of consolidated order. First we take assessee’s appeal in ITA No.1304/Ind/2016 The assessee has raised following grounds of appeal: “On the facts and circumstances of the case, the ld. AO has erred in not providing adequate opportunity and Ld. CIT(A) has erred by upholding the view of AO. 2. On the facts and circumstances of the case, the ld. AO has erred in disallowing the deduction claimed u/s 80IB(11A) being claimed year after year and Ld. CIT(A) has erred by upholding the view of AO. 3. On the facts and circumstances of the case, the ld. AO has erred fact as well as in considering the capital in holding by the partner of the undisclosed income of the firm and Ld. CIT(A) has erred in confirming the same.”

2.

At the outset Ld. counsel for the assessee submitted that the issue involved is regarding the claim of deduction u/s 80(IB)11A of the Income Tax Act, 1961, (hereinafter called as ‘the Act’). Ld. counsel submits that no sufficient opportunity was granted by Ld. CIT(A). The assessee wishes to furnish the relevant documents. He prayed that matter may be restored to the file of the Ld. CIT(A) for fresh decision. Ld. CIT-DR has no objection if the matter is restored to the file of the Ld. CIT(A), for reconsideration of assessees claim for deduction. 3. We have heard the rival contention and perused material on record. We find that the assessee was granted sufficient opportunity, however, in the interest of justice we deem it proper 2

that if a final opportunity be granted to the assessee for furnishing documents in support of its claim on the basis of which the Ld. CIT(A) would adjudicate the eligibility and entitlement for deduction u/s 80(IB)(11A) of the Act. Hence, we set aside the impugned order and restore the grounds to the file of the Ld. CIT(A) for decision afresh. Accordingly appeal of the assessee is allowed for statistical purposes.

Now we take in ITANo.1305/Ind/2016 4. Both the parties submitted the facts and circumstances of this case are similar to date of ITANo.1304/Ind/2016. In view of this the present appeal i.e. ITANo.1305/In/2016 is also allowed for statistical purposes on same reasoning. 5. In the result, appeals of both the assessees in ITANo.1304/Ind/2016 & ITANo.1305/In/2016 are allowed for statistical purposes. Order was pronounced in the open court on 31 .01.2018.

Sd/- Sd/- (MANISH BORAD) (KUL BHARAT) CCOUNTANT MEMBER JUDICIALMEMBER Indore; �दनांक Dated : 31 / 01/2018 ctàxÄ? P.S/.�न.स.

Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file. By order Private Secretary/DDO, Indore

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