Joint Commissioner of Income tax,LTU, Bangalore V. M/s ABB Ltd, Bangalore

ITA 1228/BANG/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0478 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 31-03-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 29-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR AGARWALA JT
• Assessee Lawyers: PURVI KOTHARI TAX ANALYST
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.1228/BANG/2014 ASSESSMENT YEAR : 2005-06 THE JOINT COMMISSIONER OF INCOME TAX (LTU), BANGALORE. VS. M/S. ABB LTD., 21 ST FLOOR, WORLD TRADE CENTER, BRIGADE GATE WAY, NO.26/1, DR. RAJKUMAR ROAD, MALLESHWARAM WEST, BANGALORE 560 055. PAN: AAACA 3834B APPELLANT RESPONDENT APPELLANT BY : SHRI SUNIL KUMAR AGARWALA, JT. CIT(DR) RESPONDENT BY : MS. PURVI KOTHARI, TAX ANALYST DATE OF HEARING : 31.03.2016 DATE OF PRONOUNCEMENT : 01.04.2016 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST T HE ORDER OF CIT(APPEALS), LTU, BANGALORE DATED 24.7.2014 FOR TH E ASSESSMENT YEAR 2005-06 INTER ALIA ON THE FOLLOWING GROUNDS:- THE CIT(A) HAS ERRED IN DIRECTING THE AO TO DELETE THE ADDITION MADE TOWARDS DEPRECIATION ALLOWANCE IN RESPECT OF L EASEHOLD ITA NO.1228/BANG/2014 PAGE 2 OF 2 IMPROVEMENTS FOR EARLIER ASSESSMENT YEAR I.E. 2001- 01 TO 2004-05 SINCE THE EARLIER YEARS DEPRECIATION OF 45,32,120 WAS NOT ALLOWED IN THE ORDER U/S. 143(3) FOR AY 05-06 AND, THEREFOR E, ADDING IT BACK TO THE TOTAL INCOME WAS INCORRECT. 2. DURING THE COURSE OF HEARING, THE LD. DR HAS MO VED AN APPLICATION FOR WITHDRAWAL OF APPEAL, TO WHICH THE ASSESSEE HAS NO OBJECTION. IN LIGHT OF THE REQUEST OF THE LD. DR, WE DISMISS THE APPEAL OF THE REVENUE AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF APRIL, 2016. SD/- SD/- ( A.K. GARODIA ) (SUNIL KUMAR YA DAV ) ACCOUNTANT MEMBER JUDIC IAL MEMBER BANGALORE, DATED, THE 1 ST APRIL, 2016. /D S/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.