D.C.I.T CC - XX,kolkata, Kolkata V. M/s G.S.Atwal & Co (Engineers) Pvt Ltd, Kolkata

ITA 1165/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4650 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-06-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 09-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K KUREEL J
• Assessee Lawyers: SOUMITRA CHODHURY
• Keywords: Depreciation
• Section: 54; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A KOLKATA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.1165/KOL/2013 ASSESSMENT YEAR:2011-12 DCIT, CENTRAL CIRCLE- XX, 110, SHANTIPALLI, AAYAKAR BHAVAN POORVA, 5 TH FLOOR,KOLKATA- 107 / V/S . M/S G.S.ATWAL & CO. (ENGINEERS) PVT. LTD. 4B, LITTLE RUSSELL STREET, KOLKATA-700 071 [ PAN NO.AABCG 0816 E ] /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI R.K. KUREEL, JCIT-DR /BY RESPONDENT SHRI SOUMITRA CHODHURY, ADVOCATE /DATE OF HEARING 21-06-2016 /DATE OF PRONOUNCEMENT 24-06-2016 /O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE IS ARISING OUT OF ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL-III, KOLKATA IN APPEAL NO.69/CC-XX/CIT(A)C-III/2012-13/KOL DATED 28.01.201 3. ASSESSMENT WAS FRAMED BY ACIT(CPC) U/S 143(1) OF THE INCOME TA X ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORD ER DATED 13.06.2012 FOR ASSESSMENT YEAR 2011-12. REVENUE HAS RAISED GROUND PER ITS APPEAL IS REPRODUCED BELOW:- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE LD. CIT(A) HAD ERRED BOTH IN FACTS AS WELL AS IN LAW IN ALLOWING R ELIEF TO THE ASSESSEE IN ITA NO.1165/KOL/2013 A.Y. 201 1-12 DCIT CC-XX KOL. VS. M/S G.S.ATWAL & CO. ENGG.) PVT. LTD. PAGE 2 RESPECT OF E-FILED RETURN, WHICH HAS BEEN PROCESSED U/S 143(1) AT CPC, BANGALORE, WHEREAS, PETITION U/S. 154 FILED BY THE ASSESSEE AT CPC, BANGALORE AGAINST THE SAID PROCESSING IS STILL PEND ING AND IGNORING THE FACT THAT THERE WAS A DIFFERENCE OF TOTAL INCOME BE TWEEN THE DOWNLOADED RETURN AND THE COPY OF RETURN SUBMITTED BY THE ASSE SSEE. SHRI SOUMITRA CHODHURY, LD AUTHORIZED REPRESENTATI VE APPEARED ON BEHALF OF ASSESSEE AND SHRI R.K.KUREEL, LD DEPARTM ENTAL REPRESENTATIVE APPEARED ON BEHALF OF REVENUE. 2. AT THE OUTSET IT WAS OBSERVED THAT ASSESSEE CLAI MED DEPRECIATION FOR AN AMOUNT OF 15,24,46,177/- WHICH WAS DISALLOWED UNDER THE INTIMATION PROCESSED U/S 143(1)(A) OF THE ACT. AGAI NST SUCH INTIMATION, BESIDES RECTIFICATION PETITION U/S. 154 OF THE ACT, THE ASSESSEE FILED AN APPEAL BEFORE LD CIT(A). AFTER HEARING THE CONTENT IONS OF THE ASSESSEE THE LD. CIT(A) HAS ALLOWED THE CLAIM OF ASSESSEE FO R THE DEPRECIATION IN HIS IMPUGNED APPELLATE ORDER. BEING AGGRIEVED BY THIS ORDER OF LD CIT(A) REVENUE PREFERRED AN APPEAL BEFORE ON THE GROUND THAT LD CIT(A) ERRED IN DELET ING THE ADDITION MADE IN INTIMATION UNDER SECTION 143(1) OF THE ACT DESPI TE OF THE ACT THAT THE RECTIFICATION PETITION FILED BY THE ASSESSEE U/S. 1 54 OF THE ACT BEFORE CPC, BENGLORE IS STILL PENDING. 3. LD AR BEFORE US SUBMITTED THAT THE CLAIM OF DEP RECIATION OF THE ASSESSEE HAS BEEN ALLOWED U/S 154 OF THE ACT. CONSE QUENTLY THE APPEAL FILED BY REVENUE HAS BECOME INFRUCTUOUS. ON THE OTH ER HAND, LD. DR COULD NOT POINT OUT ANY INFIRMITY IN THE ASSESSEES CLAIM ON THE AFORESAID SUBMISSION. ITA NO.1165/KOL/2013 A.Y. 201 1-12 DCIT CC-XX KOL. VS. M/S G.S.ATWAL & CO. ENGG.) PVT. LTD. PAGE 3 4. IN VIEW OF THE FOREGOING DISCUSSION, WE DISMISS THE REVENUES APPEAL AS INFRUCTUOUS. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED AS INF RUCTUOUS. ORDER PRONOUNCED IN OPEN COURT ON 24/06/2016 SD/- SD/- (S.S.VISWANETHRA RAVI) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER *DKP ! - 24/06/2016 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-DCIT, CC-XX, 110, SHANTIPALLI, AAYAKAR B HAVAN, POORVA, 5 TH FLOOR, KOLKATA-700 107 2. /RESPONDENT-M/S G.S.ATWAL&CO.(ENGG)PVT. LTD.4B, LIT TLE RUSSELL ST.KOL-71 3. '# % / CONCERNED CIT 4. % - / CIT (A) 5. &'( ))'# , '# / DR, ITAT, KOLKATA 6. (*+ / GUARD FILE. BY ORD ER/ , /TRUE COPY/ / '#,