ACIT CENTRAL CIRCLE 2(4), CHENNAI vs. ENNORE CARGO CONTAINER TERMINALS PVT. LTD., CHENNAI

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ITA 2737/CHNY/2017Status: DisposedITAT Chennai19 December 2018AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the decision of the CIT(Appeals), which relied on the jurisdictional High Court's judgment in the assessee's own case. The pendency of an appeal before the Supreme Court was not considered a reason to deviate from the established precedent.

What were the facts?

The Revenue appealed against the order of the CIT(Appeals) concerning the assessment year 2013-14. The core issue was the deduction claimed by the assessee under Section 80-IA of the Income-tax Act.

What were the issues?

Whether the deduction claimed by the assessee under Section 80-IA was allowable, considering previous High Court judgments in the assessee's own case.

Which sections of the Income-tax Act were involved?

Section 80-IA

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Appellant: Shri Hari Govind, JCIT
Hearing: 03.12.2018Pronounced: 19.12.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -18, Chennai, dated 31.08.2017 and pertains to assessment year 2013-14.

2.

The only issue arises for consideration is deduction claimed by the assessee under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act').

3.

We heard Shri Hari Govind, the Ld. Departmental Representative and Shri Yashwant Kumar, the Ld. representative for the assessee. The CIT(Appeals) by placing his reliance on the judgment of Madras High Court in the assessee's own case for assessment years 2007-08 and 2010-11, decided the issue in favour of the assessee. The CIT(Appeals) also referred to the judgment of Madras High Court in CIT v. A.L. Logistics Pvt. Ltd. (2015) 374 ITR 609 and also the judgment of Delhi High Court in Container Corporation of India Ltd. v. ACIT (2012) 346 ITR 140.

Since the CIT(Appeals) has followed the binding judgment of jurisdictional High Court in the assessee's own case for assessment years 2007-08 and 2010-11, a mere pendency of appeal before the Apex Court cannot be a reason to take a different view. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

4.

In the result, the appeal filed by the Revenue is dismissed.

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