The Singareni Collieries Company Limited, , Kothagudem V. Asst. Commissioner of Income Tax, Circle-1, Khammam

ITA 1274/Hyd/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2312 (ITAT-HYDERABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Next Hearing Date: 30-09-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 24-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KARDAM
• Assessee Lawyers: M V ANIL KUMAR
• Keywords: Depreciation; TDS
• Section: 143(3); 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER (T HROUGH V IDEO CONFERENCE ) ITA NO. 1274 /HYD/201 7 (ASSESSMENT YEAR : 2012 - 13 ) THE SINGARENI COLLIERIES CO. LTD., KOTHAGUDEM. PAN AAACT 8873F VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1, KHAMMAM. APPELLANT RESPONDENT APPELLANT BY : SHRI M.V. ANIL KUMAR. RESPONDENT BY : SHRI ASHOK KARDAM. (D.R.) DATE OF HEARING : 30.09. 2021. DATE OF PRONOUNCEMENT : 25 .10. 2021. O R D E R PER SHRI S.S. GODARA, J.M. : THIS ASSESSEES APPEAL FOR ASST. YEAR 201 2 - 13 ARISES FROM THE COMMISSIONER OF INCOME TAX (APPEALS) - 7 , HYDERABAD S ORDER DT. 15.11.201 6 PASSED IN CASE NO. 0022/CIT(A) - 7/2015 - 16 IN PROCEEDINGS UNDER SECTION 143(3) OF INCOME TAX ACT, 1961 (THE ACT). 2 ITA NO.1274/HYD/2017 HEARD BOTH THE PARTIES . C ASE FILE PERUSED. 2. THE ASSESSEE PLEADS THE FOLLOWING SUBSTANTIVE GROUNDS IN THE INSTANT APPEAL : 3 ITA NO.1274/HYD/2017 3. IT TRANSPIRES DURING THE COURSE OF HEARING AND WITH THE ABLE ASSISTANCE OF BOTH THE PARTIES THAT ALL THE THREE ISSUES RAISED HEREIN AT THE ASSESSEE'S BEHE ST IN SECTION 40 (A) (IA) DISALLOWANCE QUA PAYMENT OF ENHANCED LAND ACQUISITION COMPENSATION DEPOSIT ED BEFORE THE CONCERNED REFERENCE COURT IN EXECUTION PROCEEDINGS OR BEFORE THE STATUTORY AUTHORITY; AS THE CASE MAY BE, EXPENDITURE INCURRED ON CLOSURE OF THE WORKING MINE ON ACCOUNT OF SALARY, WAGES AND CIVIL WORKS ETC. AS WELL AS ROUTINE DEPRECIATION CLAIMED @ 15% ON COAL MINE THAN GRANTED @ 10%, ARE NO MORE RES INTEGRA SINCE THIS TRIBUNALS CO - ORDINATE BENCH IN ITS CONSOLIDATED ORDER DT.20.05.2021 OWN CASES IN ASSESSMENT YEARS 2005 - 06 TO 2011 - 12 HAS DECIDED THE SAME IN TAX PAYE R S FAVOUR AND AGAINST THE DEPARTMENT T HEREBY 4 ITA NO.1274/HYD/2017 HOLDING THAT FORMER HAD NO OBLIGATION TO DEDUCT TDS, THE EXPENDITURE INCURRED ON CLOSURE OF WORKING MINE CAME UNDER R EVENUE HEAD AND IT WAS FURTHER ENTITLED FOR 15% DEPRECIATION ON MINE (S); RESPECTIVELY. WE THUS ADOPT JUDICIAL CONSISTENCY TO ACCEPT ALL THE SE THREE SUBSTANTIVE GROUNDS IN VERY TERMS. THE ASSESSING OFFICER IS DIRECTED TO FINALISE CONSEQUENTIAL COMPUTATION IN LIGHT OF THE LEARNED CO - ORDINATE BENCH DIRECTION S . NO OTHER GROUND HAS BEEN PRESSED BEFORE US. 4. THIS ASSESSEE'S APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 25TH OCT., 2021. SD/ - SD/ - (A.MOHAN ALANKAMONY ) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 25 .10 .2021. * REDDY GP COPY TO : 1. THE SINGARENI COLLIERIES CO. LTD., C/O M. ANANDAM & CO., 7A, SURYA TOWERS, S.P. ROAD, SECUNDERABAD - 500 003 2. ACIT, CIRCLE 1, KHAMMAM. 3. PR. C I T - 7 , HYDERABAD. 4. CIT(APPEALS) - 7, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDE R SR. PVT. SECRETARY, ITAT, HYDERABAD.