DCIT 15(3), Mumbai vs. Kamdhenu Builders and Developers, Navi Mumbai
In the result, appeal of the revenue is dismissed
ITA 7010/MUM/2010[2007-08]Status: DisposedITAT Mumbai27 Jan 2016AY 2007-08
Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.7010/Mum/2010 (नििाारण वषा / Assessment Year: 2007-08) Dcit 15(3) Vs. Kamdhenu Builders & Matru Mandir, 1St Floor, Developers Tardeo Road, 20 Shanti Centre, Sector 17, Mumbai Vashi Navi Mumbai – 400 705 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aahfk 0461 E (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Shri Rajneesh K. Arvind (Dr) ननधाारयती की ओर से /Assessee By : (I) Shri Sunil Pathak (Ar) (Ii)Shri Subodh Ratnaparkhi(Ar) सुनवाई की तायीख / Date Of Hearing : 26/10/2015 घोषणा की तायीख/Date Of Pronouncement 27/01/2016 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue Against The Order Of Cit(A), For The Assessment Year 2007-08, In The Matter U/S.143(3)(Ii) Of The I.T. Act, Wherein The Following Three Grounds Taken Of The Assessee. (I) “On The Facts & Circumstances Of Case & In Law, The Ld. Cit(A) Erred In Holding That The Assessee Is Entitled To Deduction U/S 80Ib (10) Of Rs.1,94,12,489/- Inspite Of The Fact That The Claim For Deduction Was Not Made In The Original Return & Was Only Made In The Return Filed, For A.Y. 2007-08, On 31.08.2009, Which Is Not A Valid Return In The Eye Of Law & Also Cannot Be Treated As „Revised Return‟ U/S. 139(5).” (Ii) “On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Erred In Allowing The Deduction U/S 80Ib (10) Of Rs.1,94,12,489/-, As The Same Is Contrary To The Provisions Of Section 80A(5), Effective From 01.04.2003, Which Does Not Permit Allowance Of Deduction Unless The Claim For Deduction Is Made In The Return Of Income.”
For Appellant: (i) Shri Sunil Pathak (AR)For Respondent: Shri Rajneesh K. Arvind (DR)
Section 10Section 139(4)Section 139(5)Section 143(2)Section 143(3)(ii)Section 80A(5)Section 80I
…the assessee had not filed revised return. It is further held by the Hon‟ble ITAT that the legitimate claim of assessee should not be rejected on technical grounds. The same proposition is also there in the case of Chicago Pneumatic India Ltd. vs. DCIT (2007) 15 SOT 252 (Mum). Therefore, in the background of all these decisions and facts of the case, the denial of claim of deduction of the appellant made through revised return of income during the course of assessment proceedings and well before the passing of assessment order, is not tenable in the eye of law. It is very evident from the evidences on records and…
