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Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा�� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं./ (िनधा�रण वष� / Assessment Year: 2012-13) M/s. Astoria Leathers ITO, बनाम 3rd Floor, 78, Mount Road, Non Corporate Ward-13(1), / Vs. Guindy, Chennai – 600 032. Chennai. �थायी लेखा सं./जीआइ आर सं./PAN/GIR No. AADFA-4770-A (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� की ओरसे/ Appellant by : Shri N. Arjun Raj (C.A) – Ld. AR ��थ� की ओरसे/Respondent by : Shri P. Sajit Kumar (JCIT) –Ld. DR सुनवाई की तारीख/Date of Hearing : 08-09-2022 घोषणा की तारीख /Date of Pronouncement : 08-09-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of the order of learned Commissioner of Income Tax (Appeals)-14, Chennai [CIT(A)] dated 10-09-2019 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 30-03-2015. The assessee is aggrieved by reduction in quantum of deduction claimed u/s 80-IB.
During hearing, it transpires that the issue is recurring in nature. In AYs 2008-09 & 2010-11, the Tribunal has passed order in ITA 2 - Nos.2673 & 2674/Mds/2014 on 27.12.2017 restoring the matter back to the file of Ld. AO for fresh consideration. The revenue challenged this order before Hon’ble High Court of Madras in TCA No.533 & 534 of 2018 which stood dismissed vide order dated 08.07.2020. The Hon’ble Court confirmed the stand of Tribunal which directed Ld. AO to verify the assessment order of the developer and decide the issue afresh in accordance with law. The Ld. AR has sought similar directions in this year and pleaded to restore the matter back to the file of Ld. CIT(A) since the earlier years are pending for adjudication before first appellate authority. The Ld. AR also submitted that additional issue of one acre as raised by Ld. AO in the assessment order may also be kept open for the sake of consistency. The Ld. Sr. DR could not controvert these facts.
Concurring with assessee’s submissions and to enable the revenue to take consistent stand in the matter, the issue is restored back to the file of Ld. CIT(A) for fresh adjudication keeping all the issues open.
The appeal stand allowed for statistical purposes. Order pronounced on 08th September, 2022.