The Commissioner Of Income Tax – V, Pune v. H.a. Developers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1735 OF 2011 The Commissioner of Income Tax – V, Pune..Appellant. Versus H.A. Developers ..Respondent. Mr.N.N. Singh for the appellant.Mr.V.S. Hadade for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 5[th] February 2013 P.C. : 1.In the appeal by the Revenue for assessment year 2002-2003, following question of law has been formulated for our consideration. “Whether on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the dis-allowance of deduction under Section 80IB (10) amounting to Rs.48,93,196/- to the file of the Assessing Officer and directing him to make fresh assessment on the issues raised in ground no.2 to 5 in the appeal before the Tribunal, in view of the decision of the Special Bench in the case of Brahma Associates V/s. JCIT (119 ITD 255) ? 2.The issue raised in this appeal was also an issue in the earlier assessment year in which the Revenue had come up in Appeal to this Court in itxa1735-11 the assessee's own case, being Income Tax Appeal (L) No.981 of 2011. By an order dated 15[th] September 2011, this Court refused to entertain Income Tax Appeal (L) No.981 of 2011 filed by the Revenue, however, the assessing officer was directed that while giving effect to the order of the Tribunal, he shall take into consideration the judgment of this Court in the case of Commissioner of Income Tax V/s. Brahma Associates reported in 333 ITR 289. 3.The appeal is disposed of in above terms with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)