HIGH CLASS BUILDERS P.LTD,MUMBAI vs. DCIT RG 10(3), MUMBAI

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ITA 3544/MUM/2015Status: DisposedITAT Mumbai13 February 2017AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found merit in the assessee's submission that the matter should be restored to the CIT(A). The CIT(A)'s order was set aside and the appeal was remitted back for fresh adjudication.

What were the facts?

The assessee's appeal concerns the rejection of a deduction claimed under Section 80IB(10) for the assessment year 2010-11. The assessee argued that an identical issue for a prior assessment year was restored to the CIT(A) due to procedural reasons.

What were the issues?

Whether the CIT(A) properly adjudicated the appeal without considering the impact of decisions on other assessment years and without affording a proper hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 80IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” Bench, Mumbai

Before: Shri B.R. Baskaran (AM)& Sandeep Gosain (JM)

For Appellant: Shri Kapil Jain
For Respondent: Shri Saurabhkumar
Hearing: 13.2.2017Pronounced: 13.2.2017

O R D E R Per B.R. Baskaran (AM) :-

The appeal filed by the assessee is directed against the order dated 2.3.2015 passed by the learned CIT(A) -24, Mumbai for A.Y. 2010-11 upholding the rejection of deduction claimed u/s. 80IB(10) of the Act.

2.

Learned counsel appearing for the assessee submitted that an identical issue was heard by the SMC Bench of the ITAT in relating to A.Y. 2009-10 and the SMC Bench has restored the matter back to the file of the learned CIT(A), since the first appellate authority had disposed of the appeal relating to A.Y. 2009-10 without disposing of the appeal relating to A.Y. 2008-09. Learned AR submitted that the decision that may be taken by Ld CIT(A) in A.Y. 2008-09 would have impact in A.Y. 2009-10 and 2010-11 also. Further, he submitted that the learned CIT(A) has disposed of the appeal without properly hearing the assessee. Under these set of facts, he prayed that the issues urged in this appeal may also be set aside to the file of the learned

2 M/s. High Class Builders Pvt. Ltd.

CIT(A) for disposing them along with the appeals relating to A.Y. 2008-09 & 2009-10.

3.

We have heard learned Departmental Representative and perused the record. Having regard to the submissions made, we find merit in the prayer of the assessee. Accordingly, we set aside the order passed by the learned CIT(A) and restore the same to his file with identical directions issued by the SMC Bench of the Tribunal in assessee’s own case relating to A.Y. 2009-10 (referred supra)

4.

In the result, appeal filed by the assessee is treated as allowed for statistical purposes. Order has been pronounced in the Court on 13.2.2017.

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