M/s Trident Corporation Limited, Barnala V. ITO, Barnala

ITA 1328/CHANDI/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 6504 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 09-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KANIKA GUPTA
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, B CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 1328/CHD/2016 ASSESSMENT YEAR: 2013-14 M/S TRIDENT CORPROTION LIMITED. VS. THE ITO, (NOW MERGED WITH M/S TRIDENT LTD.) WARD-2, TRIDENT COMPLEX, RAIKOT ROAD, BARNALA BARNALA PAN NO. AADCT 4051G (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ASHWANI KUMAR & MS. KANIKA GUPTA RESPONDENT BY : SMT. CHANDERKANTA DATE OF HEARING : 19.12.2017 DATE OF PRONOUNCEMENT : 19.12.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 10.10.2016 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS CIT(A)], PATIALA. 2. THE ASSESSEE HAS AGITATED THE DISALLOWANCE OF CL AIM OF DEPRECIATION ON PLANT AND MACHINERY. WHEN ASKED TO DEMONSTRATE WHE THER PLANT & MACHINERY WAS PUT TO USE DURING THE YEAR, THE LD. C OUNSEL FOR THE ASSESSEE HAS BEEN FAIR ENOUGH TO ADMIT THAT PLANT & MACHINER Y WAS PART OF THE WORK IN PROGRESS AND, AS SUCH, THE SAME WAS NOT PUT TO U SE DURING THE YEAR. IN VIEW OF THE ABOVE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF CIT(A) AND WE UPHOLD THE SAME. 3. THE APPEAL OF THE ASSESSEE IS, THEREFORE, DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 19 TH DEC., 2017 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR