GOLCHA CINETALC P.LTD,MUMBAI vs. ITO WD 1(1)(4), MUMBAI

We have heard the parties and perused the record. The issue contested before us relates to the deduction claimed by the assessee under Section 80IB(7A) of the Income Tax Act (hereinafter “the Act”).

The learned counsel for the assessee submitted that the issue relating to deduction claimed by the assessee under Section 80IB(7A) of the Act came before the Tribunal for assessment years 2006-07 to 2008-09 and the Tribunal has restored the matter to the file of the AO for examining the claim afresh. He submitted that the AO has already passed orders in the set aside proceedings rejecting the claim of the assessee in all the years. He submitted that the assessee has filed appeals before the learned CIT(A) challenging the order passed by the AO in the above said years and they are pending before Ld CIT(A). Accordingly he submitted that the present appeal may be kept pending for some time.

In the rejoinder the learned A.R. submitted that the Tribunal has restored the matter to the file of the AO in the earlier years and the AO has already decided the issue against the assessee. Accordingly he submitted that no purpose will be served in restoring the matter back to the file of the AO, who has already taken a view on this issue.

At this stage, the Bench suggested that this appeal may be restored to the file of the learned CIT(A), since identical issue decided against the assessee in earlier years are pending before him. Both the parties agreed to the same. Accordingly we set aside the order passed by the learned CIT(A) on this issue relating to deduction under Section 80IB(7A) of the Act and restore the same to his file so that he can dispose of all the appeals together. Since identical issues are urged in these appeals of the assessee, we are of the view that a time limit may be prescribed for disposing of these appeals. Accordingly we direct the learned CIT(A) to dispose of all the appeals of the assessee within a period of three months from the date of receipt of this order. The assessee is also directed to fully cooperate with the learned CIT(A) without seeking adjournment except on account of reasonable cause. If the assessee seeks adjournment, the period of delay caused by the assessee shall be added to the above said period of three months.

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.