GODREJ & BOYCE MFG CO. LTD, MUMBAI V. DCIT 14(1)(2), MUMBAI

ITA 1253/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3001 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 22-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT SOMAIYA
• Assessee Lawyers: SONALEE GODBOLE
• Keywords: Depreciation
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI RAVISH SOOD (JM) I.T.A. NO. 1253 /MUM/20 1 7 (ASSESSMENT YEAR 20 13 - 14 ) GODREJ & BOYCE MFG. CO. LTD. PIROJSHANAGAR, VIKHROLI MUMBAI - 400 079. PAN : AAACG1395D V S. DCIT 14(1)(2) AAYAKAR BHAVAN ROOM NO. 475 M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY MS. SONALEE GODBOLE DEPARTMENT BY S HRI NISHANT SOMAIYA DATE OF HEARING 21 . 8 . 201 8 DATE OF PRONOUNCEMENT 21 . 8 . 201 8 O R D E R P ER B.R. BASKARAN (AM) : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 9.12.2016 PASSED BY THE LEARNED CIT(A) - 22, MUMBAI AND IT RELATES TO A.Y. 2013 - 14. 2. AT THE TIME OF HEARING LEARNED COUNSEL APPEARING FOR THE ASSESSEE DID NOT PRESS GROUND NO S . 5 TO 8 AND HENCE THEY ARE DISMISSED AS NOT PRESSED. 3. GROUND NO. 1 IS GENERAL IN NATURE AND DOES NOT REQUIRE ADJUDICATION. 4. GROUND NO. 2&3 RELATES TO DISALLOWANCE OF DEPRECIATION CLAIMED BY THE ASSESSEE. 5. LEARNED AR FAIRLY SUBMIT TED THA T THIS ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE BY THE COORDINATE BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE IN THE ORDER DATED 5.4.2017 PASSED IN ITA NO. 4040/MUM/2015 RELATING TO A.Y. 2011 - 12. GODREJ & BOYCE MFG. CO. LTD. 2 6. WE HAVE HEARD LEARNED DR ON THIS ISSUE. WE NO TICED THAT AN IDENTICAL ISSUE HAS BEEN CONSIDERED BY THE COORDINATE BENCH OF THE TRIBUNAL IN ASSESSEES OWN CASE AND THE SAME HAS BEEN DECIDED AGAINST THE ASSESSEE WITH FOLLOWING OBSERVATION : - 4. THE LEARNED AR FAIRLY SUBMITTED THAT THE ISSUE HAS BEEN DE CIDED AGAINST THE ASSESSEE BY THE ITAT WHILE DECIDING ASSESSEE'S APPEALS FOR A.YS. 2003 - 04 TO 2010 - 11 IN THREE SEPARATE ORDERS. THE LEARNED DR AGREED WITH THE AFORESAID SUBMISSIONS OF THE ASSESSEE. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTIES AND P ERUSED THE MATERIAL ON RECORD. AS COULD BE SEEN, THE ISSUE RELATING TO DISALLOWANCE OF ASSESEE'S CLAIM OF DEPRECIATION ON ASSETS ACQUIRED ON DEMERGER OF GODREJ APPLIANCE LTD. IS ARISING FROM A.YS. 2003 - 04 ONWARDS AND THE MATTER HAS TRAVELLED UPTO ITAT. IN THREE SEPARATE ORDERS I.E. ITA NO. 4538/MUM/2011 & ORS DATED 31.12.2014 (FOR A Y 2003 - 04); ITA 4540/MUM/2011 & ORS FOR AY 2005 - 06 DATED 13.04.2016 AND ITA 8488/MUM/2011 (FOR AY 2008 - 09) DATED 23.08.2016, THE TRIBUNAL HAS UPHELD THE ORDER OF THE DEPARTMENTA L AUTHORITIES IN DISALLOWING ASSESSEE'S CLAIM OF DEPRECIATION ON ASSETS ACQUIRED ON DEMERGER. RESPECTFULLY, FOLLOWING THE CONSISTENT VIEW OF THE TRIBUNAL IN ASSESSE'S OWN CASE FOR THE PRECEDING ASSESSMENT YEARS, WE UPHOLD THE DECISION OF THE CIT(A) ON THIS ISSUE AND DISMISS THE GROUND RAISED BY THE ASSESSEE. 7. CONSISTENT WITH THE VIEW TAKEN BY THE COORDINATE BENCH, WE UPHOLD THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE. 8. GROUND NO. 4 RELATES TO DISALLOWANCE MADE U/S. 14A OF THE ACT. THE LEARNED AR FAIRLY ADMITTED THAT THIS ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE BY HON'BLE SUPREME COURT IN ASSESSEES OWN CASE REPORTED IN 394 ITR 449. HENCE, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER PASSED BY THE LEARNED CIT(A) ON THIS ISSUE. GODREJ & BOYCE MFG. CO. LTD. 3 9 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 21 . 8 .201 8 . SD/ - SD/ - (RAVISH SOOD ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 21 / 8 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI