The Commissioner Of Income Tax,Chennai v. M/S.arihant Foundations & Housing Ltd.,Ankur Manor,1St Floor, 271 (Old

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.01.2019CORAM:THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAMANDTHE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Tax Case Appeal Nos.304 and 305 of 2011 The Commissioner of Income Tax,Chennai .... Appellant in both Appeals -vs- M/s.Arihant Foundations & Housing Ltd.,Ankur Manor,1st Floor, 271 (OLd No.182)Poonamallee High Road,Kilpauk, Chennai - 600 010. ... Respondent in both Appeals Tax Case Appeals filed under Section 260A of the Income Tax Act,1961 against the order of the Income Tax Appellate TribunalMadras 'A' Bench, dated 15.12.2010 in ITA Nos.1165 and1166/Mds/2009 for the assessment years 2004-05 and 2005-06respectively against the order of the Commissioner of Income Tax(Appeals III) Chennai dated 14.01.2011 in I.T.A. Nos. 147/09-2010/ A.III, I.T.A. No. 144/09-10-A.III for the assessment year2005-2006, 2004-2005 respectively against the order of theDeputy Commissioner of Income Tax Company Circle i(1) Chennaidated 30.09.2009 in PA/GIR.No. AAACA7402P/Ax6-691 for theassessment year 2005-2006 of 2004-2005, respectively against theorder of the Commissioner of Income Tax Chennai 1 dated24.03.2009 in C.No. 218/CIT-I/47 & 48/ 263-2008-2009, for theassessment year 2004-2005 & 2005-2006, against the order of theDeputy Commissioner of Income Tax Company Circle 1(1) Chennaidated 30.09.2008 GIR.No.AAACA7402P/AX6-691, for the assessmentyear 2004-2005, against the order of the Assistant Commissionerof Income Tax Company Circle 1(1)Chennai dated 26.12.2007 in GIRNo. AAACA7402P/AX6-691, Assessment year 2005-2006, against theorder of the Deputy Commissioner of Income Tax, Central CircleIV(1) Chennai dated 30.05.2006 in GIR No. AAACA7402P/1-A for theAssessment year 2004-2005. For Appellant: Mr.R.HemalathaFor Respondent : Mr.R.Sivaraman C O M M O N J U D G M E N T Judgment of the Court was delivered by T.S.Sivagnanam, J.] https://hcservices.ecourts.gov.in/hcservices/ These appeals by the Revenue are filed under Section260A of the Income Tax Act, 1961 (for short the "Act") againstthe order dated 15.12.2010 passed by the Income Tax AppellateTribunal, Madras 'A' Bench in ITA Nos.1165 and 1166/Mds/2009for the assessment years 2004-05 and 2005-06 respectively. 2. These Appeals have been admitted on the followingSubstantial Question of Law:-"Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in setting aside theorder of the Commissioner of Income Tax underSection 263 of the Income Tax Act?" 3. Heard Mrs.R.Hemalatha, learned Senior Standing Counselfor the appellant/Revenue and Mr.Sivaraman, learned counsel forthe respondent. 4. The short issue which falls for consideration is whetherthe Commissioner could have exercised his power under Section263 of the Act. 5. The Hon'ble Supreme Court in the case of MalabarIndustrial Co. Ltd., vs. CIT (109 Taxman 66) held that in orderto revise an order under Section 263 of the Act, it must beerroneous and prejudicial to the interest of the Revenue. 6. In our considered view, the Tribunal rightly found thatthe completion certificate could be available only when theproject is physically completed and as far as assessee's case isconcerned, they had produced the completion certificate withreference to the previous year 2007-08 relevant to theassessment year 2008-09. 7. Considering the factual aspects, we are of the view thatthe Revenue has not made out any case for interference with theorder passed by the Tribunal. Thus, we hold that no substantialquestion of law has arisen for consideration. Accordingly, theappeals stand dismissed. No costs. Sub-Assistant Registrar svki To 1.The Income Tax Appellate Tribunal 'A' BenchMadras. 2. The Commissioner of Income Tax Appeals(III) Chennai. 3. The Deputy Commissioner of Income Tax Company Circle 1(1) Chennai. 7. Considering the factual aspects, we are of the view thatthe Revenue has not made out any case for interference with theorder passed by the Tribunal. Thus, we hold that no substantialquestion of law has arisen for consideration. Accordingly, theappeals stand dismissed. No costs. Sub-Assistant Registrar svki To 1.The Income Tax Appellate Tribunal 'A' BenchMadras. 2. The Commissioner of Income Tax Appeals(III) Chennai. 3. The Deputy Commissioner of Income Tax Company Circle 1(1) Chennai. 4. The Commissioner of Income Tax, Chennai 1.5. The Assistant Commissioner of Income Tax Company Circle 1(1) Chennai.6. The Deputy Commissioner of Income Tax Central Circle IV(1) Chennai+1 CC to Ms.R.HEmalatha, Advocate sr 289. T.C.A.Nos.304 and 305 of 2011SSI(CO)SP(11/02/2019)