Surya Vidyut Limited , Kolkata V. ACIT, Circle - 5(2), Kolkata , Kolkata

ITA 1350/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5202 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 21-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Assessee Lawyers: DIPARUN MUKHERJEE
• Keywords: Depreciation; Unabsorbed depreciation; Set aside
• Section: 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER] I.T.A. NO. 1350/KOL/2018 ASSESSMENT YEAR: 2013-14 SURYA VIDYUT LIMITED.........................................................................................................APPELLANT [PAN: AAOCS 5782 N] VS. ACIT, CIRCLE-5(2), KOLKATA..............................................RESPONDENT APPEARANCES BY: SH. DIPARUN MUKHERJEE, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SH. SUPRIYOPAL, JCIT, SR.DR APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 21 ST , 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 19 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA [CIT(A) FOR SHORT] DATED 04.06.2018 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR AY 2013-14. 2. AFTER HEARING RIVAL CONTENTIONS WE FIND THAT THE SOLE ISSUE IS THE NON-MENTIONING BY THE AO IN HIS ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT, THE FACT OF ALLOWING THE CARRY FORWARD OF UNABSORBED DEPRECIATION ALLOWANCE OF 3,54,05,017/- U/S 32(2) OF THE ACT. A PERUSAL OF THE ASSESSMENT ORDER DEMONSTRATES THAT THE CLAIM OF THE ASSESSEE HAS NOT BEEN REJECTED BY THE AO. THE LD. CIT(A) HAS NOT ADJUDICATED THIS ISSUE ON THE GROUND THAT THE ASSESSEE HAS NOT SUBMITTED ANY WRITTEN OR ORAL ARGUMENTS OR EVIDENCES. 3. UNDER THESE CIRCUMSTANCES, AS THE CARRY FORWARD OF UNABSORBED DEPRECIATION U/S 32(2) OF THE ACT, IS THE RIGHT OF THE ASSESSEE AND AS THIS FACT HAS TO BE MENTIONED BY THE LD. AO IN HIS ORDER, WE SET ASIDE THIS ISSUE TO THE FILE OF THE AO WITH THE DIRECTION TO GRANT THE SAME TO THE ASSESSEE IN ACCORDANCE WITH LAW. 2 I.T.A. NO. 1350/KOL/2018 ASSESSMENT YEAR: 2013-14 SURYA VIDYUT LIMITED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 19 TH FEBRUARY, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19.02.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. SURYA VIDYUT LIMITED, CESC HOUSE, CHOWRINGHEE SQUARE, KOLKATA-700 001. 2. ACIT, CIRCLE-5(2), KOLKATA. 3. CIT(A)-2, KOLKATA. (SENT THROUGH E-MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES