Urmin Products Pvt. Ltd., Ahmedabad V. The Dy.CIT, Circle-8, Ahmedabad

CO 205/AHD/2013

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 2681 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 3 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 31-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 27-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PIYUSH AGRAWAL
• Keywords: Depreciation; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE SHRI S. S. GODARA, JM & SHRI MANISH BORAD, AM. CO NO.205/AHD/2013 IN ITA NO. 1585/AHD/2013 ASST. YEAR: 2009-10 DY. CIT, CIRCLE-8, AHMEDABAD VS. URMIN PRODUCTS PVT. LTD., 48, CHANGODAR INDUS.ESTATE, NR. BESAN FACTORY, BAVLA ROAD, CHANGODAR, TAL-SANAND, AHMEDABAD. APPELLANT RESPONDENT PAN AAACU 4489Q APPELLANT BY SHRI PIYUSH AGRAWAL, AR RESPONDENT BY SHRI K. MADHUSUDAN, SR.DR DATE OF HEARING: 31.1.2017 DATE OF PRONOUNCEMENT: 31/01/2017 O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER . THIS CROSS OBJECTION OF ASSESSEE FOR ASST. YEAR 20 09-10 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)XIV, AHMEDA BAD, DATED 25.03.2013 VIDE ORDER NO.CIT(A) XIV/ACIT CIR.8/188/ 2011-12 ARISING OUT OF THE ORDER U/S 143(3) OF THE IT ACT, 1961 (IN SHORT THE ACT) FRAMED ON 30/11/2011 BY ACIT, CIRCLE-8, AHMEDABAD. ASSESSEE HAS RAISED THE FOLLOWING GROUNDS :- CO NO.205/AHDN/2013 IN ITA NO.1585/AHD/2013 ASST. YEAR 2009-10 2 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HA S ERRED IN CONFIRMING THE DISALLOWANCE OF RS.1,02,709/- FOR THE ALLEGED E XCESS DEPRECIATION CLAIMED BY THE RESPONDENT ON ELECTRIC-INSTALLATION TREATING THE SAME AS ELECTRIC FITTINGS WHICH DOES NOT FALL UNDER THE HEAD PLANT & MACHINER Y, 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HA S ERRED IN CONFIRMING THE DISALLOWANCE OF RS.25,670/- MADE BY THE ASSESSI NG OFFICER U/S.L4A OF THE I.T . ACT, 1961. 3. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HA S ERRED IN CONFIRMING THE DISALLOWANCE MADE BY THE ASSESSING OFFICER OF R S.22,600/- U/S.35D OF THE I. T. ACT, 1961. 4. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HA S ERRED IN DISMISSING THE GROUND OF APPEAL RAISED BY THE RESPONDENT FOR N OT GRANTING FULL CREDIT FOR THE TDS AS CLAIMED BY THE APPELLANT. THE RESPONDENT CRAVES LEAVE TO ADD, ALTER, AMEND OR MODIFY ANY OF THE GROUNDS OF CROSS OBJECTIONS ON OR BEFORE THE DATE OF HEARING. 2. AT THE OUTSET LD. AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE REQUESTED FOR NOT PRESSING THE CROSS OBJEC TION AS THE APPEAL OF REVENUE BEARING NO. 1585/AHD/2013 HAS BE EN DISMISSED ON ACCOUNT OF LOW TAX EFFECT AS PER CBDT CIRCULAR N O.21/2015 DATED 10.12.2015. 3. THERE WAS NO OBJECTION ON THE PART OF LD. DEPART MENTAL REPRESENTATIVE (DR). 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. WE FIND THAT THIS CROSS OBJECTION NO.205/AHD/2013 W AS FILED AGAINST THE APPEAL OF REVENUE BEARING NO.1585/AHD/2013 FOR ASST. YEAR 2009-10. AS APPRAISED BY LD. DEPARTMENTAL REPRESENT ATIVE THE APPEAL OF REVENUE STANDS DISMISSED ON ACCOUNT OF LO W TAX EFFECT AS CO NO.205/AHDN/2013 IN ITA NO.1585/AHD/2013 ASST. YEAR 2009-10 3 PER CBDT CIRCULAR NO.21/2015 DATED 10.12.2015. LD. AR HAS REQUESTED FOR NOT PRESSING THE CROSS OBJECTION AS T HE APPEAL OF REVENUE HAS BEEN DISMISSED. THEREFORE, WE DISMISS T HE CROSS OBJECTION AS NOT PRESSED. 5. IN THE RESULT, CROSS OBJECTION OF THE ASSESSEE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JANUARY, 2017 SD/- SD/- (S. S. GODARA) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER DATED 31/01/2017 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, AHMEDABAD CO NO.205/AHDN/2013 IN ITA NO.1585/AHD/2013 ASST. YEAR 2009-10 4 1. DATE OF DICTATION: 31/01/2017 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 31/01/2017 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 1/2/17 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: