Karnataka Road Development Corporation Limited , Bangalore V. Deputy Commissioner of Income Tax Circle-4(1)(1), Bangalore

ITA 1080/BANG/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3292 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-11-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 03-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEERA MALHOTRA BENGALURU
• Assessee Lawyers: B T SHETTY
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER ITA NO. AND ASSESSMENT YEAR APPELLANT RESPONDENT 1080/BANG/2018 2013-14 M/S. KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16/J, 1 ST FLOOR, MILLER TANK BED AREA, THIMMAIAH ROAD CROSS, BENGALURU 560 052. PAN : AABCK 2261 R THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1), BENGALURU. 1081/BANG/2018 2014-15 -DO- THE INCOME TAX OFFICER, WARD 4(1)(2), BENGALURU. APPELLANT BY : SHRI . B. T. SHETTY , C A RESPONDENT BY : MS. NEERA MALHOTRA, CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 18 .11 .2020 DATE OF PRONOUNCEMENT : 18 . 11 .2020 O R D E R PER N.V. VASUDEVAN, VICE PRESIDENT THESE ARE APPEALS BY THE ASSESSEE AGAINST TWO ORDERS BOTH DATED 28.12.2017 OF CIT(A)-4, BANGALORE, RELATING TO ASSESSMENT YEARS 2013-14 AND 2014-15. 2. THE ONLY GRIEVANCE PROJECTED BY THE ASSESSEE IN THE GROUNDS OF APPEAL RAISED FOR BOTH THE ASSESSMENT YEARS IS WITH REGARD TO ACTION OF THE REVENUE ITA NOS.1080 AND 1081/BANG/2018 PAGE 2 OF 2 AUTHORITIES IN NOT ALLOWING DEPRECIATION CLAIMED BY THE ASSESSEE ON BRIDGES ON THE GROUND THAT THE ASSESSEE WAS NOT THE OWNER OF THE BRIDGE AND ALSO WAS NOT USING THE BRIDGES FOR THE PURPOSE OF ITS BUSINESS. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS THE CLAIM OF DEPRECIATION ON BRIDGES. IN THE CIRCUMSTANCES, WE DISMISS BOTH THE APPEALS OF THE ASSESSEE AS NOT PRESSED. 3. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF NOVEMBER, 2020. SD/- SD/- ( CHANDRA POOJARI ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 18 TH NOVEMBER, 2020. /NS/* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.