Kalyani Protfolio Service (P)Ltd., Allahabad V. ACIT(CPC), Bangalore

ITA 120/ALLD/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 89794 (ITAT-ALLAHABAD)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 03-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UMESH PATHAK
• Keywords: Depreciation
• Section: 32

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AN D SHRI C. N. PRASAD, JUDICIAL MEMBER ITA NO. 120/ALLD/2014 ASSESSMENT YEARS: 2009-10 KALYANI PORTFOLIO SERVICES PVT. LTD. 2/28A, MINTO ROAD ALLAHABAD 211001 PAN:-AADCK3498A VS. ITO RANGE 2(1) ALLAHABAD (APPELLANT) (RESPO NDENT) ASSESSEE BY : SHRI SANJAY KUMAR REVENUE BY : SHRI UMESH PATHAK DATE OF HEARING : 23.04.2015 DATE OF PRONOUNCEMENT : 27.04.2015 O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL BY THE ASSESSEE, IS FILED AGAINST THE ORDER OF THE LD. CIT(A) ALLAHABAD, DATED 19.12.2013 FOR THE A.Y. 2009-10. THE ONLY ISSUE FOR ADJUDICATION RELATES TO A MISTAKE FOR CORRECTION RELATING TO CLA IM OF DEPRECIATION OF RS.67,736/-. 2. BEFORE US, LEARNED COUNSEL BRIEFLY SUBMITTED THA T THE ASSESSEE FILED THE RETURN OF INCOME ELECTRONICALLY AND THE SAME WAS PROCESSED U/S 143(1) OF THE ACT. IN THE INTIMATION SENT BY THE COMPUTER DIVISION OF THE DEP ARTMENT, A MISTAKE CREPT IN AND CONSEQUENTLY, THE ASSESSEE WAS DENIED THE CLAIM OF DEDUCTION U/S 32 OF THE ACT. A REQUEST WAS MADE FOR CORRECTING THE MISTAKE AND THE SAME WAS DENIED BY THE COMPUTER SECTION SUBSEQUENTLY, IN THE APPEAL BEFORE THE LD. CIT(A) AS SEEN FROM PARA 4 OF THE IMPUGNED ORDER, HE HAS NOT GONE INTO THE SUBMISSIONS OF THE ASSESSEE AND HE FAILED TO DISCUSS THE MISTAKE AS POINTED OUT BY THE LD. COUNSEL FOR THE ASSESSEE. THE LD. CIT(A) FAILED TO PASS A SPEAKING ORDER ON THIS ISSUE. ON PRIMA FACIE, WE FIND THAT IT IS A FIT CASE FOR RECTIFICAT ION ON MERITS. IT IS THE PRAYER OF THE LD. COUNSEL THAT THE MATTER SHOULD BE REMANDED TO THE L D. CIT(A) FOR WANT OF SPEAKING ORDER AFTER GRANTING REASONABLE OPPORTUNITY OF BEIN G HEARD TO THE ASSESSEE IN A TIME BOUND MANNER. AFTER HEARING BOTH THE PARTIES AND CO NSIDERING THE LIKELY RELIEF TO THE ITA NO. 120/ALLD/2014 ASSESSMENT YEARS: 2009-10 2 ASSESSEE, THE LD. CIT(A) IS DIRECTED TO PASS A RECT IFICATION ORDER WITHIN THREE MONTHS FROM THE DATE OF RECEIPT OF THIS ORDER. ACCORDINGLY , GROUND RAISED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF APRIL, 2015. SD/- SD/- (C. N. PRASAD) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER ALLAHABAD, DATED:27.04.2015 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, ALLAHABAD THE CIT(A) CONCERNED, ALLAHABAD THE DR BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, ALLAHABAD.