HIGH CLASS BUILDERS P.LTD,MUMBAI vs. DCIT RG 10(3), MUMBAI
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?
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)
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.
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.
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)
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.
More judgments on Section 80IB(10)
- Assistant Commissioner of Income Tax… vs Cosmos Constructions, ThaneITA 8234/MUM/2025[2012-13]Status: Disposed21 Sept 2026AY 2012-13
- ACIT-24(1), Piramal Chambers vs Atul Properties, MumbaiITA 8043/MUM/2025[2013-14]Status: Disposed17 Aug 2026AY 2013-14
- ACIT-24(1), Mumbai, Piramal Chambers vs Atul Properties, MumbaiITA 8042/MUM/2025[2012-13]Status: Disposed17 Aug 2026AY 2012-13
- Assistant Commissioner of Income Tax… vs Cosmos Enterprises, ThaneITA 8209/MUM/2025[2010-11]Status: Disposed14 Aug 2026AY 2010-11
- Assistant Commissioner of Income Tax… vs Cosmos Enterprises, ThaneITA 8208/MUM/2025[2009-10]Status: Disposed14 Aug 2026AY 2009-10
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