Vishal Paper Tech (India) Ltd., Mubarkpur V. ACIT, C-2(1), Chandigarh

ITA 1035/CHANDI/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7813 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 18-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AAKARSHAN SINGH
• Keywords: Depreciation; Opportunity of being heard; Additional depreciation; Set aside
• Section: 32(1)(iia)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH B, CHANDIGARH .., ! '# #$ %, & '( BEFORE: SHRI. N.K.SAINI, VP & SHRI , SANJAY GARG, J M ITA NO.1035/CHD/2019 ASSESSMENT YEAR : 2015-16 VISHAL PAPER TECH (INDIA) LTD. VILL: MUBARKPUR, DERA BASSI PUNJAB THE ACIT, C - 2(1) SECTOR-17 CHANDIGARH PAN NO: AAACV5110H APPELLANT RESPONDENT !' ASSESSEE BY : NONE #!' REVENUE BY : SHRI AAKARSHAN SINGH, ADDL. CIT $ %! & DATE OF HEARING : 23/01/2020 '()*! & DATE OF PRONOUNCEMENT : 23/01/2020 ')/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 18/04/2019 OF LD. CIT(A)-1, CHANDIGARH. 2. AT THE TIME OF HEARING NOBODY WAS PRESENT ON BEH ALF OF THE ASSESSEE, THEREFORE, THE APPEAL IS DECIDED EX-PARTE AFTER HEA RING THE LD. DR. 3. FOLLOWING GROUNDS HAVE BEEN RAISED IN THIS APPEA L: 1. THAT THE LD. CIT(APPEALS) HAS ERRED IN LAW FOR R EJECTING OUR CLAIM FOR ADDITIONAL DEPRECIATION AMOUNTING TO RS. 8707199/- WHILE THE A SSESSEE FULFILLS ALL THE CONDITIONS PRESCRIBED UNDER SECTION 32(1)(IIA) OF T HE ACT. 2. THAT THE LD. CIT(APPEALS) HAS ERRED IN LAW IN NO T ALLOWING THE MAT CREDIT UNDER SECTION 115JAA OF INCOME TAX ACT 1961 WHEN THERE IS CREDIT OF RS. 16574724/-LYING IN THE ACCOUNT. 2 3. THE ASSESSEE CRAVES PERMISSION TO FILE ADDITIONA L EVIDENCE, ADD, AMEND OR DELETE ANY GROUND OF APPEAL BEFORE HE FINALIZATION OF APPELLATE PROCEEDINGS. 4. FACTS OF THE CASE IN BRIEF ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME ON 30/09/2015 DECLARING AN INCOME OF RS. 1,27,05,760/- . LATER ON THE CASE WAS SELECTED FOR SCRUTINY. THE A.O. FRAMED THE ASSESSME NT AT AN INCOME OF RS. 2,14,12,959/- BY MAKING THE ADDITION OF RS. 87,07,1 99/- WHICH WAS MADE BY DENYING THE ADDITIONAL DEPRECIATION CLAIMED BY THE ASSESSEE. 5. BEING AGGRIEVED THE ASSESSEE CARRIED THE MATTER TO THE LD. CIT(A) WHO DISMISSED THE APPEAL BY PASSING THE EX-PARTE ORDER. LD. CIT(A) MENTIONED THAT VARIOUS NOTICES WERE ISSUED TO THE ASSESSEE AS PER FOLLOWING DETAILS: DATE OF ISSUE OF NOTICE DATE OF HEARING REMARKS 28/12/2018 15/01/2019 LD. AR APPEARED, SOUGH ADJOUR NMENT. CASE WAS ADJOURNED TO 18/02/2019 18/02/2019 LD. AR APPEARED, AGAIN SOUGHT ADJOURNME NT. CASE WAS ADJOURNED TO 15/03/2019 15/03/2019 LD. AR APPEARED, ASKED FOR MORE TIME. AG AIN, CASE WAS ADJOURNED TO 18/04/2019. 18/04/2019 NO ATTENDANCE. NOR ANY WRITTEN SUBMISSIO N OR LETTER FOR ADJOURNMENT WAS FILED TILL THE DISPOSAL OF THIS APPEAL. HE DECIDED THE APPEAL EX-PARTE SINCE NOBODY APPEARE D ON 18/04/2019. 6. NOW THE ASSESSEE IS IN APPEAL. 7. LD. DR SUPPORTED THE IMPUGNED ORDER PASSED BY TH E LD. CIT(A) AND SUBMITTED THAT THE ASSESSEE DID NOT APPEAR ON THE D ATE GIVEN FOR THE HEARING, BY THE LD. CIT(A) THEREFORE THERE WAS NO ALTERNATIV E EXCEPT TO DECIDE THE APPEAL EX-PARTE. 3 8. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN THE PRESENT CA SE, THE LD. CIT(A) MENTIONED THAT NO WRITTEN SUBMISSION WAS FURNISHED AND THE AS SESSEE ALSO DID NOT APPEAR ON 18/04/2019, HE ALSO MENTIONED THAT THE CASE WAS EARLIER FIXED ON 15/03/2019 AND ADJOURNED TO 18/04/2019 HOWEVER IT IS NOT CLEAR AS TO WHETHER THE SAID DATE WAS COMMUNICATED TO THE ASSESSEE. IT IS WELL SETTLE D THAT NOBODY SHOULD BE CONDEMNED, UNHEARD AS PER THE MAXIM, AUDI ALTERAM PERTAM . WE THEREFORE BY KEEPING IN VIEW THE PRINCIPLES OF NATURAL JUSTIC E, DEEM IT APPROPRIATE TO SET ASIDE THIS CASE BACK TO THE FILE OF THE LD. CIT(A) TO BE ADJUDICATED AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING DUE AND REASONA BLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON 23/01/2020 ) SD/- SD/- #$ % .., (SANJAY GARG ) ( N.K. SAI NI) & '(/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 23/01/2020 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE