Pr. Commissioner Of Income Tax, Ajmer v. M/S Shiva Construction P. Ltd., 381 Naya Bazar, Ajmer

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 41 / 2017 Pr. Commissioner of Income Tax, Ajmer. ----Appellant Versus M/s Shiva Construction P. Ltd., 381 Naya Bazar, Ajmer. ----Respondent _____________________________________________________ For Appellant(s) : Mrs. Parinitoo JainFor Respondent(s) :Ms. Archana for Mr. Sanjay Jhanwar _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHURJudgment Per Hon’ble Jhaveri, J. 30/05/2017 1.By way of this appeal, the appellant has challenged thejudgment and order of the Tribunal whereby the Tribunal hasdismissed the appeal preferred by the department. 2.Counsel for the appellant has framed the followingsubstantial questions of law: “(i)Whether on the facts and in thecircumstances of the case, the ITAT wasjustified in deleting the penalty ofRs.26,09,203/- without going into themerits of the case that the assessee haswrongly made the claim of deduction u/s.80IA though it was not eligible for the saiddeduction to serve its own purpose and withthe intention to avoid tax incidence? (ii)Whether on the facts and in thecircumstances of the case, the ITAT wasjustified in deleting the penalty ofRs.26,09,203/- without appreciating thefact that the quantum addition itself wasconfirmed by the CIT(A) as well as theITAT?” 3.The issue is squarely covered by the decision of this Court in the case of Shiva Construction Pvt Ltd. vs. Dy Commissioner of I T Circle-1 AjmerinDB Income Tax AppealNo.123/2015, decided on 25.05.2017 wherein this court has observed as under: “8.1Takingintoconsiderationthesubsequent judgment in D.T. Patil and SonsBelgaum Constructions (P) Ltd. vs. AssistantCommissioner of Income Tax, Circle-2,Kolhapur reported in (2013) 34 Taxman.com97 (Pune-Trib) and judgment of BombayHigh Court Commissioner of Income Tax vs.ABG Heavy Industries Ltd. as reproducedhereinabove, the issue is required to beanswered in favour of the assessee andagainst the department. 8.2The benefit of 80IA will be conferredon the asssessee.” 4.In that view of the matter, the issues are answered in favour of the assessee and against the department. 5.The appeal stands dismissed. (VIRENDRA KUMAR MATHUR),J. (K.S. JHAVERI),J. Asheesh Kr. Yadav/26