THE JCIT(OSD), CIRCLE-3(1)(2),, AHMEDABAD vs. M/S. RAJKAMAL BUILDERS INFRASTRUCTURE PVT. LTD.,, AHMEDABAD
In the result, the appeal filed by the Revenue is dismissed
ITA 90/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad08 Jun 2022AY 2012-13
Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalassessment Year : 2012-13 Jcit, Cir.3(1)(2) Shri Rajkamal Builders Ahmedabad. Vs Infrastructure P.Ltd. Pan : Aabcr 0326 A 54, Park Hill, Nr.Heaven Park Ramdevnagar Ahmedabad 380 015. अपीलाथ"/ (Appellant) "त् यथ"/ (Respondent) Assessee By : Shri M.K. Patel, Ar Revenue By : Shri Vijay Kumar, Jaiswal,Cit- Dr सुनवाई क" तार"ख/Date Of Hearing : 19/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 8/06/2022 आदेश/O R D E R Per Waseem Ahmed, Accounant Member: This Is Revenue’S Appeal Against The Order Of Ld.Cit(A)-9, Ahmedabad Dated 19.11.2018 Vide Which The Ld.Cit(A) Has Deleted Penalty Of Rs.1,05,74,312/- Imposed Under Section 271(1)(C) Of The Income Tax Act, 1961 ("The Act" For Short) For The Asst.Year 2012-13. 2. Sole Ground Raised By The Revenue Reads As Under: “1. The Ld.Cit(A) Has Erred In Law & On Facts In Deleting The Penalty Of Rs.1,05,74,312/- Imposed U/S.271(1)(C) Of The Act On Issue Of Disallowance Of Losses Set Off & Deduction Under Section 80Ia Of The Act Of Rs.3,11,10,071/-.”
For Appellant: Shri M.K. Patel, ARFor Respondent: Shri Vijay Kumar, Jaiswal,CIT-
Section 143(3)Section 271(1)(c)Section 274Section 80Section 80I
Disallowance on this core works out to Rs.67,23,899/-.
Penalty proceedings u/s.271(1)(c) of the Act are initiated separately for furnishing inaccurate particulars of income.”
53. However, the case of the assessee is this that the deduction was to be calculated on standalone unit basis. In fact as per section 80 IA(5) the quantum of deduction
