MAGARPATTA TOWNSHIP DEVELOPMENT & CONSTRUCTION CO. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE
In the result, the appeal filed by the assessee stands allowed
ITA 2945/PUN/2017[2013-14]Status: DisposedITAT Pune05 Mar 2021AY 2013-14
Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.2945/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Magarpatta Township Development & Construction Co. Ltd., 13, Megaspace, Sholapur Bazar Road, Off East Street, Camp, Pune-411001. .......अपीलाथ" / Appellant Pan : Aabcm2461K बनाम / V/S. Dcit, Circle-14, ……""यथ" / Respondent Pune. Assessee By : Shri Sakharam Sable Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 04.03.2021 घोषणा क" तारीख / Date Of Pronouncement : 05.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 9, Pune (‘Cit(A)’ For Short) Dated 30.10.2017 For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “A) The Learned Assessing Officer Has Erred In Making An Addition Of Rs.3,86,352/- On Account Of Disallowance U/S 14A Read With Rule- 8(D), While The Appellant Company Has Not Received Any Sum By Way Of Exempt Income. Further, The Appellant Company Has Not Made Any Additional Investments Generating Exempt Income During The Year. The Company Has Not Utilized Any Borrowed Funds For Investments. On The Similar Facts, The Learned Commissioner Of Income Tax (Appeals) Has Deleted The Disallowance For A.Y. 2009-10 & 2011-12. The Same Has Been Upheld By Itat (Pune Bench) For A.Y. 2009-10. Therefore, In The Light Of Various Judicial Decisions, This Disallowance Being Unwarranted Needs Cancellation. B) The Appellant Craves Leave To Add, Modify, Expand The Ground(S) Of Appeal & Lay/Produce The Evidence(S) At The Time Of Hearing.”
For Appellant: Shri Sakharam SableFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 14A
house property’ as against the claim of the assessee that it should be assessed under the head ‘income from business’ and made addition of Rs.3,86,352/- u/s 14A of the Act.
4. Being aggrieved by the above assessment order, an appeal was preferred before the ld. CIT(A), who vide his impugned order held the issue of assessment