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31-10-2019, IRCON International, Section 115JB, 145(1), 80IA(4), Tribunal Delhi

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1 week 4 days ago #11291 by amit
Section - 115JB, 145(1), 80IA(4), 80HHC, 80G
Order Date - 31-10.2019
Favouring - Partly
Court - Tribunal Delhi
Appellant - IRCON International Limited
Respondent - ACIT
Justice - Bhavnesh Saini JM & O.P. Kant AM
Citation - 1119Taxpundit33
Appeal No. - ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008
Asstt. Year - 2001-02, 2002-03 & 2003-04

Order

PER : O.P. Kant, A.M.:

These appeals by the assessee and the Revenue have been raised against separate orders of the Ld. Commissioner of Income Tax (Appeals)-XIV, New Delhi [in short the Ld. CIT(A)] i.e.: order dated 16/02/2005 for assessment year 2001-02; order dated 23/12/2005 for assessment year 2002-03 and order dated 29/10/2008 for assessment year 2003-04 respectively. As common issues in same set of circumstances are involved in these appeals, we have heard these appeals together and disposed off by way of this consolidated order for sake of convenience.

2. First, we take up the appeal of the assessee and the Revenue for assessment year 2001-02. The grounds of the appeal of the assessee in ITA No. 1825/Del/2005 are reproduced as under:

“1(a) That on the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) [here-in-after referred to as CIT(A)], was not justified in upholding the disallowance of the appellant's claim for deduction of depreciation amounting to Rs. 24,41,250/- on the value of machinery spare parts capitalized during the year.

1(b) That on the facts and in the circumstances of the case and without prejudice to ground no.1(a) taken here in above, the Ld. CIT(A)grossly erred in holding that although depreciation is allowable on machineries in 'ready to use' condition but the same is not allowable on machinery spares which are also in 'ready to use 'condition.

1(c). That on the facts and in the circumstances of the case, and without prejudice to ground no. 1(a) & 1(b) taken here in above, the appellant may otherwise be allowed deduction on the basis of Actual consumption, in case the claim of depreciation is not allowable to the appellant.

2(a) That on the facts and in the circumstances of the case, Ld. CIT(A) was not justified in disallowing the claim of the appellant for deduction u/s 80IA in respect of income earned from the business of development of infrastructure facilities amounting to Rs.16,82,00,160/-

2(b) That on the facts and in the circumstances of the case, and without prejudice to ground No. 2(a) taken here in above, the Ld. CIT(A) grossly erred in considering that the appellant's role in executing various infrastructure projects is that of a contractor which cannot be equated to the business of developing the infrastructure facilities and thereby disallowing the claim for deduction u/s 80IA of the Act.

3(a). That on the facts and in the circumstances of the case, Ld. CIT(A) was not justified in confirming the disallowance of the claim of the appellant for deduction u/s 80HHC in respect of income earned from the business of export of goods amounting to Rs.23,17,36,491/

3(b) That on the facts and in the circumstances of the case, and without prejudice to ground No. 3(a) taken here in above, the Ld. CIT(A) grossly erred in considering that the appellant entered into 'composite contract' which cannot be equated to the "supply contract' thereby disallowing the claim for deduction u/s 80HHC of the Act.

4.0 That on the facts and in the circumstances of the case the Ld. CIT (A) was not justified in upholding the disallowance of Rs. 9,32,902/- on account of other miscellaneous donations.

5(a). That on the facts and in the circumstances of the case the Ld. CIT(A) was not justified in disallowing the claim of the appellant in respect of 'prior period expenses' amounting to Rs. 1,80,20,765/- out of the total claim of appellant of Rs. 2.43,27,000/-.

5(b) That on the facts and in the circumstances of the case and without prejudice to ground no.5(a) taken here in above, the Ld. CIT(A) completed the appellant proceedings in haste without affording reasonable opportunity to the appellant for furnishing all the relevant documents and hence the issue may be set aside for allowing the same on merits.

6(a) That on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in upholding the disallowance of the claim of the appellant towards provis on for demobilization amounting to Rs 2,13,04,431/- out of the total claim for Rs.4,80,49,000/-.

6(b) That on the facts and in the circumstances of the case and without prejudice to ground no.6(a) taken here in above, the Ld. CIT(A)completed the appellate proceedings in haste without affording reasonable opportunity to the appellant for furnishing all the relevant documents and hence the impugned issue may be set aside for allowing the same on merits.

7(a) That on the facts and in the circumstances of the case, theLd.CIT (A) was not justified in upholding the disallowance of the claim of the appellant towards provision for other expenses amounting to Rs 1,61,25,533/- out of the total claim for Rs.3,57,49,802/-.

7(b) That on the facts and in the circumstances of the case and without prejudice to ground no.7(a) taken here in above, the Ld. CIT(A)completed the appellate proceedings in haste without affording reasonable opportunity to the appellant for furnishing all the relevant documents and hence the impugned issue may be set aside for allowing the same on merits.

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