The ITO, Ward-6(3), Surat V. M/s. Navpad Art, Surat

ITA 1294/AHD/2011

• Counselvise Citation: 129420514 RSA 2011
• Duration Of Justice: 4 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 02-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Keywords: Depreciation; Additional depreciation

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ ././ ./ ITA NO. 1294/AHD/2011 / ASSESSMENT YEAR: 2007-08 ITO, WARD-6(3) SURAT VS. M/S. NAVPAD ART, 60-61-62, FIRST FLOOR, ASHIRWAD INDUSTRIAL ESTATE, BAMROLI ROAD, SURAT PAN : AAGFN 0549 P / // / (APPELLANT) ! ! ! ! / // / (RESPONDENT) REVENUE BY : SHRI RAHUL KUMAR, SR. DR. ASSESSEE(S) BY : NONE '# $ %&'/ // / DATE OF HEARING : 01/07/2015 () $ %&' / // / DATE OF PRONOUNCEMENT: 03/07/2015 *+ *+ *+ *+/ // / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE REVENUE AND IS DIREC TED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME-TAX (APPEAL S)-IV, SURAT DATED 25.01.2011, PERTAINING TO ASSESSMENT YEAR 2007-08. 2. THE ONLY GROUND RAISED IN THIS APPEAL BY THE REV ENUE READS AS UNDER:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION MADE ON ACCOUNT OF C LAIM OF ADDITIONAL DEPRECIATION OF RS.11,98,949/- OF THE ACT. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL PLACED BEFORE US. THE ONLY DISPUTE IN THIS CASE IS WHETHE R THE ASSESSEE, WHO HAS UTILIZED THE MACHINERY FOR THE PURPOSE OF EMBROIDER Y WORK, IS ENTITLED TO ITA NO. 1294/AHD/2011 ITO VS. NAVPAD ART AY 2007-2008 2 ADDITIONAL DEPRECIATION OR NOT. THE CIT(A) ALLOWED THE RELIEF TO THE ASSESSEE FOLLOWING THE TWO DECISIONS OF THE ITAT, WHICH WOUL D BE EVIDENT FROM THE FOLLOWING FINDINGS OF THE CIT(A):- 3. GROUND NO.1 IS AGAINST DISALLOWANCE OF ADDITIO NAL DEPRECIATION CLAIMED BY THE APPELLANT ON MACHINERY USED FOR EMBROIDERY W ORK AMOUNTING TO RS.11,98,949/-. IT IS SEEN FROM THE ASSESSMENT ORD ER THAT THE CLAIM WAS NOT ADMITTED AS EMBROIDERY WORK WAS NOT TREATED AS PROD UCTION OF ANY NEW GOODS. I FIND THAT THIS ISSUE IS NOW COVERED IN FAV OUR OF THE APPELLANT BY ORDER OF HONBLE ITAT AHMEDABAD IN THE CASE OF M/S. HARIP RIYA PROCESSORS PVT LTD, SURAT IN ITA NO.1569/AHD/2010 AND THE ORDER OF THE HONBLE ITAT D BENCH, AHMEDABAD IN THE CASE OF M/S. ASWANI INDUSTR IES, SURAT IN ITA NO.2103/AHD/2010. I FIND THAT THE FACTS OF THE CAS E ARE IDENTICAL TO THOSE OF THE APPELLANT. RESPECTFULLY FOLLOWING THE ORDERS OF THE HONBLE ITAT, AHMEDABAD, THE ADDITION MADE DUE TO NOT ADMITTING C LAIM OF ADDITIONAL DEPRECIATION IS THEREFORE DELETED. THIS GROUND IS A LLOWED. 4. THE REVENUE, AGGRIEVED WITH THE ABOVE FINDINGS O F THE CIT(A), IS IN APPEAL BEFORE US. 5. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL PLACED BEFORE US. THE REVENUE COULD NOT BR ING ON RECORD ANY CONTRARY DECISIONS. IN THE ABOVE CIRCUMSTANCES, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A), WHEREIN HE AC CEPTED THE CLAIM OF THE ASSESSEE FOLLOWING THE TWO DECISIONS OF THE ITAT ON THE SIMILAR ISSUE. IN VIEW OF ABOVE, WE UPHOLD THE ORDER OF THE CIT(A) AN D DISMISS THE APPEAL FILED BY THE REVENUE. 6. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE COURT ON 3 RD JULY, 2015 AT AHMEDABAD. SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 03/07/2015 BIJU T., PS ITA NO. 1294/AHD/2011 ITO VS. NAVPAD ART AY 2007-2008 3 *+ $ %, -*,% *+ $ %, -*,% *+ $ %, -*,% *+ $ %, -*,%/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ! / THE RESPONDENT. 3. % '. / CONCERNED CIT 4. '. ( ) / THE CIT(A ) 5. ,12 % , , / DR, ITAT, AHMEDABAD 6. 24 5# / GUARD FILE . *+' *+' *+' *+' / BY ORDER, TRUE COPY 6 66 6/ // / 7 7 7 7 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD