THE DCIT.CIRCLE-4(1)(1), AHMEDABAD vs. M/S. SUZLON STRUCTURES LTD., AHMEDABAD

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ITA 3502/AHD/2015Status: DisposedITAT Ahmedabad11 January 2018AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal followed a previous order of a co-ordinate bench which held that Section 80IA(5) applies only to assessment years immediately succeeding the initial assessment year. Therefore, the Revenue's appeals were dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s orders allowing the assessee's claim for deduction under Section 80IA. The appeals for AY 2011-12 and 2012-13 were consolidated for hearing.

What were the issues?

Whether the deduction under Section 80IA was correctly allowed by the lower authorities. The interpretation of the applicability of Section 80IA(5) for subsequent assessment years was a key issue.

Which sections of the Income-tax Act were involved?

Section 80IA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: SHRI N.K. BILLAIYA & SHRI MAHAVIR PRASAD

For Appellant: Shri Mudit Nagpal, Sr. D.R

PER N.K. BILLAIYA, ACCOUNTANT MEMBER

1.

ITA Nos.3502 & 3503/Ahd/2015 are appeals by the Revenue preferred against two separate orders of the Ld. CIT(A)-8, Ahmedabad dated 20.10.2015 pertaining to A.Ys. 2011-12 & 2012-13.

ITA Nos. 3502 & 3503/Ahd/2015 2 . A.Ys. 2011-12 & 2012-13 2. Since the First Appellate Authority has decided the appeals by a consolidated order, both these appeals were heard together and are disposed of by this common order for the sake of convenience and brevity.

3.

The common grievance of the revenue relates to the allowance of the claim of deduction u/s. 80IA of the Act, though, the quantum may differ.

4.

At the very outset, the ld. counsel for the assessee stated that the impugned issue is squarely covered in favour of the assessee and against the revenue by the order of the Tribunal dated 31,07,2017 pertaining to A.Y. 2010-11.

5.

We find that the First Appellate Authority has followed the orders of his predecessor for earlier assessment years. We find that the Tribunal has allowed the claim in favour of the assessee vide order dated 31.07.2017 in ITA No. 3052/Ahd/2014. The relevant findings of the Co-ordinate Bench read as under:-

6.

In consonance with the beneficial view unequivocally expressed by the CBDT as well as the decision of the Co-ordinate Bench, we hold that provisions of section 80IA(5) would apply only for assessment years immediately succeeding the initial assessment years so opted by the Assessee. We do not find merit in the appeal of the Revenue.

ITA Nos. 3502 & 3503/Ahd/2015 3 . A.Ys. 2011-12 & 2012-13 6. Respectfully following the findings of the Co-ordinate Bench, both the appeals by the Revenue are dismissed.

Order pronounced in Open Court on 16- 01- 2018

Sd/- Sd/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER Ahmedabad: Dated 16/01/2018 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER

Deputy/Asstt.Registrar ITAT,Ahmedabad

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