B.T. Patel & Sons Belgaum Constructions (P) Ltd. v. CIT

Deputy Commissioner of Income Tax Central Circle-3(4), Mumbai vs. Patel Engineering Ltd, Mumbai

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am Patel Engineering Ltd. The Dy. Commissioner Of Sv Road, Patel Estate, Income Tax, Cc-3(4),Room Jogeshwari (W), No. 1915, 19Th Floor Air Vs. Mumbai-400102 India Building, Nariman Point, Mumbai-400 021 Appellant .. Respondent Pan No. Aaacp2567L The Dy. Commissioner Of Patel Engineering Ltd. Income Tax, Cc-3(4),Room Sv Road, Patel Estate, No. 1915, 19Th Floor Air India Vs. Jogeshwari (W), Building, Nariman Point, Mumbai-400102 Mumbai-400 021 Appellant .. Respondent

…on; iii) ACIT vs Bharat Ltd Udyog Ltd 24 SOT 412 (mum). As regards the CIT DR's argument that the decision of the larger Bench in B 7' Pafil & Sons Belgaurn Construction P Ltd 126 TTJ 577 (Mum) is still good law, we rely on the confirmatory order (reported in 34 Taxmann.com 97 (Pune) passed by the Pune Bench. In view of the above discussion, we uphold the action of the c17(A) for allowing claim of deduction u/s 80IA(4) in respect of all the projects. 15. As I am bound by the judicial discipline and the order of the Hon'ble ITAT in assessee's own case is binding upon me and as the initial 4 projects viz. Ghatgha…

Patel Engineering Ltd, Mumbai vs. Deputy Commissioner of Income Tax Central Circle-3(4), Mumbai

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am Patel Engineering Ltd. The Dy. Commissioner Of Sv Road, Patel Estate, Income Tax, Cc-3(4),Room Jogeshwari (W), No. 1915, 19Th Floor Air Vs. Mumbai-400102 India Building, Nariman Point, Mumbai-400 021 Appellant .. Respondent Pan No. Aaacp2567L The Dy. Commissioner Of Patel Engineering Ltd. Income Tax, Cc-3(4),Room Sv Road, Patel Estate, No. 1915, 19Th Floor Air India Vs. Jogeshwari (W), Building, Nariman Point, Mumbai-400102 Mumbai-400 021 Appellant .. Respondent

…on; iii) ACIT vs Bharat Ltd Udyog Ltd 24 SOT 412 (mum). As regards the CIT DR's argument that the decision of the larger Bench in B 7' Pafil & Sons Belgaurn Construction P Ltd 126 TTJ 577 (Mum) is still good law, we rely on the confirmatory order (reported in 34 Taxmann.com 97 (Pune) passed by the Pune Bench. In view of the above discussion, we uphold the action of the c17(A) for allowing claim of deduction u/s 80IA(4) in respect of all the projects. 15. As I am bound by the judicial discipline and the order of the Hon'ble ITAT in assessee's own case is binding upon me and as the initial 4 projects viz. Ghatgha…

DCIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, appeal of the Revenue is dismissed and the cross objection of the Assessee is allowed in part in terms indicated herein above

Bench: Shri C.N. Prasad & Shri Ashwani Taneja

…ible for deduction, the assessee has to develop the entire infrastructure facility and not only a part thereof, the CIT(A) relied on the CBDT circular no. 4/2010, the decisions of the ITAT in the assessee's own case, B.T. Patil& Sons Belgaum Construction Ltd. 34 Taxmann.com 97 and the Honbie Bombay High Court in ABG Heavy Industries Ltd. 8. We also found that the CIT(A) has dealt in great detail the scope of the work, risk and responsibilities undertaken by the assessee and after applying the proposition of law laid down in the following decisions arrived at the conclusion that assessee was a developer and not on…

Asst CIT Cen Cir 25, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, appeal of revenue is dismissed, whereas cross objection of the assessee is allowed in part, in terms indicated hereinabove

…tructure facility and not only a part thereof. This issue, as well as the earlier deliberated issue have now been decided in a recent decision of the Pune Tribunal in B.T. Patil & Sons Belgaum Construction Ltd. where as per order dated 28.02.2013 (reported in 34 Taxmann.com 97 (Pune) in ITA No. 1408 & 1409/PN/2003 for A.Y 2000-01 and 2001-02, wherein following the jurisdictional High Court in ABG Heavy Industries it has been held in paragraph 7 86 8 as under: 7 ...................... In order to be eligible for deduction the assessee should develop the infrastructure facility as a whole and not in a particular pa…