DCIT 9(2), MUMBAI vs. JYOTI PLASTIC WORKS P. LTD, MUMBAI

PDF · subscribers
ITA 7013/MUM/2014Status: DisposedITAT Mumbai22 June 2016AY 2011-123 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 found no justification for the Revenue's appeal. Given the Supreme Court's dismissal of the SLP, the disallowance of the Section 80IB deduction was not sustainable.

What were the facts?

The Assessing Officer denied the assessee's claim for deduction under Section 80IB based on a pending SLP by the department, despite a favorable High Court ruling in the assessee's own case. The CIT(A) allowed the claim, and subsequently, the Supreme Court dismissed the department's SLP.

What were the issues?

Whether the denial of Section 80IB deduction is justified when a department's SLP is pending, despite a favorable High Court judgment in the assessee's own case.

Which sections of the Income-tax Act were involved?

Section 80IB,Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, MUMBAI BENCH “J”, MUMBAI

Before: SHRI G.S.PANNU & SHRI SANJAY GARG

For Appellant: Shri Prakash L.Pathade
For Respondent: Shri Hormuzd Jamshedji
Hearing: 13/06/2016Pronounced: 22/06/2016

The captioned appeal filed by the Revenue pertaining to assessment year 2011-12 is directed against an order passed by CIT(A)-20, Mumbai dated 16/09/2014, which in turn arises out of an order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 09/01/2014.

(Assessment Year : 2011-12) 2. In this appeal, the solitary issue relates to the action of the Assessing Officer in denying assessee’s claim of deduction under section 80IB of the Act amounting to Rs.49,65,220/-. The Assessing Officer noticed that though in the assessee’s own case, the Hon'ble Bombay High Court had allowed the claim of the assessee in earlier year in the case reported in 339 ITR 491 (Bom), but he disallowed the claim in this year also because the SLP filed by the Department before the Hon'ble Supreme Court is pending. The CIT(A) did not find it justifiable to sustain the disallowance in view of the prevailing judgement of the Hon'ble Bombay High Court in the assessee’s own case.

3.

Before us, the Ld. Representative for the respondent assessee pointed out that subsequent to the decision of the CIT(A), the Hon'ble Supreme Court has since dismissed the SLP filed by the Department vide its order dated 28/04/2015, a copy of which has been placed on record.

4.

In view of the above factual matrix, we find no justification in the appeal of the Revenue, which is hereby dismissed.

5.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 22/06/2016

More judgments on Section 80IB

All 1,094 judgments and leading authorities on Section 80IB →

Recent GST High Court judgments

Search GST case law →