CIT v. ABG Heavy Industries Ltd.

ITO WD 3(1), Thane vs. Ncc SMC Unity Jv, Thane

In the result, the appeal of the revenue is dismissed

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.6764/Mum/2014 (ननधधारण वषा / Assessment Year : 2009-10) Income Tax Officer Ward बनधम/ M/S Ncc Smc Unity Jv 101, 3(1), Room No.3, 6Th Floor, Akruti Smc, Lbs Marg, Vs. Ashar It Park, Wagle Estate, Khopat, Thane(W)-400604 Thane-400601 स्थधयी ऱेखध सं./ Pan : Aagfn5515M अपीऱार्थी ओर से / Assessee By Shri Rajeev Khandelwal प्रत्यर्थी की ओर से/ Revenue By Shri Sachchidanand Dube सुनवाई की तायीख / Date Of Hearing : 02.06.2016 घोषणा की तायीख /Date Of Pronouncement : 02.06.2016 आदेश / O R D E R Per Bench: This Appeal Of The Revenue Is Directed Against The Order Of Cit(A) Dated 4.8.2014 & It Relates To The Assessment Years 2009-10. Only Issue In This Appeal Of Revenue Is Against The Order Of Cit(A) Deleted 2. The Disallowance Of Deduction Made By The Ao U/S 80Ia Of The Income Tax Act, 1961 (The Act). In This Appeal, The Revenue Has Raised Following Three Grounds : 1. The Ld. Cit(A)-Ii, Thane Erred In Deleting The Addition Made Of Rs.1,21,49,869/- U/S 80La Of The I.T.Act. 2. The Cit(A)-Ii, Thane Stated That On Perusal Of Submission Filed By The 2 6764/M/14

…ed 23.03.2011, the appellant is withdrawing its appeal. 2. Further, while considering the matter afresh, the Tribunal will take into consideration all decisions including the decision of this court in the matter of CIT v. ABG Heavy Industries Ltd. Reported in 322 ITR 323. All contentions are kept open. ” 3. The appeal is dismissed of in above terms.” 10.8 In the order the Tribunal after considering the decision of Hon‟ble Bombay High Court in the case of CIT vs. ABG Heavy Industries Ltd. (supra) has decided the issue in favour of assessee. While deciding the present appeal vide order dated 9/2/2010 it was found…

ITO WD 3(1), Thane vs. Ncc SMC Indu Jv, Thane

In the result, appeal of the revenue is dismissed

…ore the Hon.ble ITAT, Pune to recall the order. With the abundant precaution, appeal was also filed before the Hon'ble High Court, Bombay. In the meantime, Hon'ble Bombay High Court passed an order in the case of CIT Vs. ABG Heavy Industries Ltd. & Ors (2010) 322 ITR 323 (Bom) allowing deduction u/s. 80IA(4) to the contractors engaged in development of infrastructure facility. Further, appeal of assessee was recalled by the Hon'ble ITAT and accordingly, the assessee requested to withdraw appeal before the Hon'ble High Court. The Hon'ble High Court, Bombay passed an order directing the ITAT, Pune to consider the d…

ITO 9(1)(4), Mumbai vs. Gleg Engineers P. Ltd, Mumbai

In the result, appeals for A

Bench: Shri Saktijit Dey & Shri Ashwani Taneja

…d November 2015, again restoring back the issue to the file of the Assessing Officer for deciding assessee’s claim of deduction under section 80IA(4), by keeping in view the decision of the Bombay High Court in case of CIT v/s ABG Heavy Industries Ltd.,[2010] 322 ITR 323 (Bom.) as well as the decision of the Hon'ble Supreme Court in Liberty India Ltd. v/s CIT, [2009] 317 ITR 218 (SC). He, therefore, submitted as the basis on which the penalty was imposed no longer exist in view of the order passed by the Tribunal, penalty imposed under section 271(1)(c) cannot survive. M/s. Gleg Engineers Pvt. Ltd. 4 4. Learned…

Infrastructure Projects Ltd, Mumbai vs. Asst CIT Cir 6(3), Mumbai

In the result, the appeal filed assessee is allowed for statistical purposes

Bench: Hon’Ble S/Shri Saktijit Dey (Jm) & Ashwani Taneja (Am)

…and 2000-01) dated 28.2.2013, wherein it was held that the assessee was eligible for deduction u/s 80IA, and while holding so, Hon’ble Bench had relied upon the judgment of Jurisdictional High Court in the case of CIT Vs. ABG Heavy Industries Limited. (2010) 322 ITR 323 (Bom). In the aforesaid facts, it was thus requested that since whole premise of the order of Ld. CIT(A) has been changed, therefore, this issue requires fresh adjudication in view of the changed position of law. It was further submitted by the assessee in ground no.1 of the appeal that no effective opportunity of being heard was given to the as…

Gleg Engineers P. Ltd, Mumbai vs. ITO 9(1)(4), Mumbai

In the result, the appeals filed by the assessee are treated as allowed for statistical purpose

Bench: Shri N.K. Billaiya & Shri Pawan Singhआयकर अपील सं/ I.Ta Nos.1696, 7250 & 7251/Mum/2012 ("नधा"रण वष" / Assessment Years: 2003-04 To 2005-06 आयकर अपील सं/ I.Ta No.4456/Mum/2010 ("नधा"रण वष" / Assessment Year:2006-07 आयकर अपील सं/ I.Ta No.5046/Mum/2011 ("नधा"रण वष" / Assessment Year:2007-08 आयकर अपील सं/ I.Ta No.1697/Mum/2012 ("नधा"रण वष" / Assessment Year:2008-09 आयकर अपील सं/ I.Ta No.7780/Mum/2012 ("नधा"रण वष" / Assessment Year:2009-10 बनाम/ M/S. Gleg Engineers Pvt. The Ito 9(1)(4), Ltd., Aayakar Bhavan, Vs. 302-303, Dheeraj Plaza, Mumbai Hill Road, Bandra (W), Mumbai-400 050 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacg 8338G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By: Shri M. Subramanian ""यथ" क" ओर से/Respondent By: Shri Abani Kanta Nayak सुनवाई क" तार"ख / Date Of Hearing :23.11.2015 घोषणा क" तार"ख /Date Of Pronouncement :23.11.2015 आदेश / O R D E R Per Bench:

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ , मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER आयकर अपील सं/ I.TA Nos.1696, 7250 & 7251/Mum/2012 ("नधा"रण वष" / Assessment Years: 2003-04 to 2005-06 आयकर अपील सं/ I.TA No.4456/Mum/2010 ("नधा"रण वष" / Assessment Year:2006-07 आयकर अपील सं/ I.TA No.5046/Mum/2011 ("नधा"रण वष" / Assessment Year:2007-08 आयकर अपील सं/ I.TA No.1697/Mum/2012 ("नधा"रण वष" / Assessment Year:2008-09 आयकर अपील सं/ I.TA No.7780/Mum/2012 ("नधा"रण वष" / Assessment Year:2009-10 बनाम/ M/s. Gleg Engineers Pvt. The…

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

…he various projects. At the outset it is to be decided, whether to he eligible for deduction under s. 801A(4) the appellant should be the owner of the infrastructure facility. It is seen that the High Court of Bombay in the case of ABG Heavy Industries Ltd., (322 ITR 323 (Born)) has dealt with the very same issue and has held that the conditions provided for ownership of the enterprise and not the infrastructure facility. It is held: As noted earlier, sub-cl. (4A) of S. 80-IA of the Act as it originally stood, stated that the section applied to an enterprise carrying on the business of developing, maintaining and…

ACIT CC 39, Mumbai vs. United Liner Agencies of India P.Ltd, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2005-06 Acit, M/S United Liner Agencies Of Cc-6(4), R. No.32(1), India P. Ltd. बनाम/ Ground Floor, Godrej Coliseum, Office Vs. Aayakar Bhavan, M.K.Road No.801, C-Wing, Behind Mumbai-400020 Everard Nagar, Off Somaiya Hospital Road, Sion East, Mumbai-400022 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacu5182C Shri Narendra Kumar Cit-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri Y. P. Trivedi & Usha Dalal

…assessee did not fulfill other conditions specified in section 80IA(4). In this regard Ld. CIT(A) has referred to the provisions of section 80IA(4) of the Act and also the decision of Hon’ble Bombay High Court in the case of CIT vs. ABG Heavy Industries Ltd., 322 ITR 323 (Bom). The Ld. CIT(A) has arrived at the conclusion that as assessee did not enter into an agreement with the authority, which is mandatory condition, therefore, the assessee is not entitled to get deduction under section 80IA(4). Ld. CIT(A) has mentioned that in none of the decisions relied upon by the assessee it has been held that there is no…