DCIT CIR 3(1), MUMBAI vs. DAHEJ HARBOUR AND INFRASTRUCTURE LTD, MUMBAI

PDF · subscribers
ITA 1490/MUM/2014Status: DisposedITAT Mumbai04 August 2016AY 2010-112 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 dismissed the Revenue's appeal. This was based on the agreement of both parties that the tax effect of the disputed amount was below the monetary limit prescribed by CBDT circular for appeals before the ITAT.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a disallowance made under Section 80IA. The disallowance was related to the sale of water, which the Revenue argued had no connection to the assessee's infrastructure.

What were the issues?

Whether the sale of water qualifies for deduction under Section 80IA, and if the appeal is maintainable based on the tax effect.

Which sections of the Income-tax Act were involved?

Section 80IA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY, JM & SHRI N. K. PRADHAN, AM

For Appellant: Shri Jinal Jain
For Respondent: Shri Prakash R. Mane
Hearing: 04/08/2016

सुनवाई क� तार�ख / Date of Hearing: 04/08/2016 घोषणा क� तार�ख /Date of Pronouncement: 04 /08/2016 O R D E R PER N.K.PRADHAN, AM:

Instant appeal by the Revenue is directed against the order dated 30/12/2013 passed by the learned CIT(A) -6, Mumbai for AY 2010-11. The ground raised by the Revenue is as follows:

“Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) justified in deleting reduction in the disallowance made by the AO u/s 80IA of the Income-tax Act, 1961 amounting to Rs. 12,97,794/- on the sale of water without appreciating the fact that the sale of water has no connection whatsoever with the infrastructure of the Jetty of the assessee company and therefore do not qualify for deduction under section 80IA.”

2.

As could be seen, the only issue in dispute in the present appeal is deletion of disallowance of Rs. 12,97,794/- made by the Assessing Officer (AO) under section 80IA of the Income Tax Act, 1961 (the ‘Act’).

3.

Both the learned Counsel for the parties aggreed before us that the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 10,00,000/- fixed by the CBDT in Circular No. 21 of 2015 dated 10/12/2015 in relation to appeal before the ITAT. Taking into consideration the aforesaid submissions of the parties and also finding that the CBDT Circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Revenue as not maintainable.

4.

In the result, the appeal stands dismissed.

More judgments on Section 80IA

All 1,796 judgments and leading authorities on Section 80IA →

Recent GST High Court judgments

Search GST case law →