Commissioner Of Income Tax-I,Chennai v. M/S.arihant Foundations & Housing Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.08.2021 The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Ms.Justice SATHI KUMAR SUKUMARA KURUP Tax Case Appeal No.37 of 2012 Commissioner of Income Tax-I,Chennai. ...Appellant/Appellant Vs M/s.Arihant Foundations & Housing Ltd.,271, Poonamallee High Road,Kilpauk, Chennai – 600 010. ...Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 20.07.2011 made in ITA.No.656/Mds/2011 on thefile of the Income Tax Appellate Tribunal, 'C' Bench, Chennaifor the assessment year 2004-05. Against the order of the Commissioner of Income Tax(Appeals)-IIIChennai-34 dated 14.01.2011 in ITA.No.144/09-10/AIII for theassessment year 2004-05. Against the order of the Deputy Commissioner of Income TaxCentral Circle IV(1) Chennai-34 dated 30.05.2006 PAN No/GI NOAAACA7402P/1A in the assessment year 2004-05. For Respondent : M/s.Sriniranjani for Mr.N.Muthukumar JUDGMENT(Delivered by T.S.Sivagnanam,J) This appeal by the revenue filed under Section 260A of theIncome Tax Act, 1961 (“the Act” for brevity), is directedagainst the order dated 20.07.2011 in ITA No.656/Mds/2011 on thefile of the Income Tax Appellate Tribunal Chennai 'C' Bench forthe assessment year 2004-05. https://hcservices.ecourts.gov.in/hcservices/ 2.The appeal was admitted on 27.03.2012 to decide thefollowing substantial questions of law: “Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in dismissing theRevenue's appeals as infructuous without goinginto the reasons discussed in the assessmentorders wherein it has been made clear that theChennai Metropolitan Development Authority, whichissued the Plan Permit had not issued anycompletion certificate to the effect hat theproject was completed before 31.03.2008 which wasa condition to be satisfied for being eligible forthe deduction u/s. 80-1B(10)?” 3.We have heard Mr.T.Ravikumar, learned senior standingcounsel appearing for the appellant/revenue and Mr.Sriranjani,learned counsel appearing for the respondent/assessee. 4.The legal issue involved in the assessee's case wasconsidered in the assessee's own case in T.C.A.Nos.304 and 305of 2011 and the appeals filed by the revenue was dismissed byjudgment dated 02.01.2019 on the ground that there is nosubstantial question of law arisen for consideration. Further,no distinguishing feature has been able to point out by therevenue to state that the decision is not applicable. Hence,following the said decision, this tax case appeal is dismissedas no substantial question of law arisen for consideration. Nocosts. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar cse To 1. The Assistant Registrar Income Tax Appellate Tribunal, Rajaji Bhavan,Besant Nagar, 'C' Bench, Chennai-40. 2. The Commissioner of Income Tax Appeals III, 121, Mahatma Gandhi Road, Chennai-34. 3. The Deputy Commissioner of Income Tax Company Circle 1(1), 121, Mahatma Gandhi Road, Chennai-34. +1cc to Mr.Baskar, Advocate, S.R.No.38214+1cc to Mr.Ravikumar, Advocate, S.R.No.37913 MG[co]NSK 08/09/2021 TCA.No.37 of 2012