Nangalia Synthetics Pvt.Ltd., Surat V. The Income tax Officer,Ward-1(4), Surat

ITA 1454/AHD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 5981 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-07-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 07-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMIR TELRIWAL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.1454/AHD/2009 ASSESSMENT YEAR : 2006-07 NANGALIA SYNTHETICS PVT.LTD. 2069, 2 ND FLOOR ANNAPURNA TEXTILE MARKET RING ROAD, SURAT VS. THE INCOME TAX OFFICER WARD-1(4) SURAT PAN/GIR NO. : AABCN 3968 J (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI HARDIK VORA RESPONDENT BY: SHRI SAMIR TELRIWAL, SR. D.R. O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE ASSESSEE WH ICH HAS EMANATED FROM THE ORDER OF LEARNED CIT(APPEALS)-I, SURAT DATED 27/02/2009. THE GROUND RAISED IS REPRODUCED BELOW:- 1. ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE AS W ELL AS LAW ON THE SUBJECT, THE LEARNED COMMISSIONER OF INC OME- TAX(APPEALS) HAS ERRED IN CONFIRMING THE ACTION OF THE AO IN DISALLOWING RS.1,58,366/- ON ACCOUNT OF DEPRECIA TION OF PLANT & MACHINERY. 2. FACTS OF THE CASE AS EMERGED FROM THE CORRESPOND ING ASSESSMENT ORDER PASSED U/S.143(3) OF THE ACT DATED 22/12/2008 ARE IDENTICAL WITH THE FACTS OF ASSESSEES APPEAL FOR A.Y. 2005-06 DECIDE D BY ITAT BENCH B ITA NO. 1454/AHD/2009 NANGALIA SYNTHETICS PVT.LTD. VS. ITO ASST.YEAR - 2006-07 - 2 - AHMEDABAD BEARING ITA NO.2213/AHD/2008 VIDE ORDER D ATED 10/11/2009, WHEREIN IT WAS HELD AS UNDER, RELEVANT PORTION REPRODUCED BELOW:- 7. AFTER HEARING THE LEARNED REPRESENTATIVES OF B OTH THE PARTIES, WE FIND THAT THE ISSUE IS SQUARELY COVERED IN FAVOU R OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF ITAT AHM EDABAD D BENCH IN THE CASE OF BIPINCHANDRA MOHANLAL GAJJAR V S. ITO, W- 6(1), SURAT IN ITA NO.3128/AHD/2008 DATED 18-02-200 9 RELATING TO AY 2005-06. THE ISSUE RAISED BY THE ASSESSEE IN TH IS APPEAL IS SIMILAR TO THAT OF THE CASE OF BIPINCHANDRA MOHANLA L GAJJAR (SUPRA). RESPECTFULLY FOLLOWING THE ORDER OF THE T RIBUNAL IN THE CASE OF BIPINCHANDRA MOHANLAL GAJJAR (SUPRA), WE HO LD THAT SINCE ADMITTEDLY, THE TWISTING MACHINE WAS USED BY WEAVIN G SECTOR OF TEXTILE INDUSTRY, DEPRECIATION ON THE SAID MACHINER Y @50% SHOULD BE ALLOWED. WE ACCORDINGLY, ALLOW THE GROUND OF AP PEAL. 3. RESPECTFULLY FOLLOWING THE AFORESAID DECISION OF THE TRIBUNAL, WE HEREBY ALLOW THE CLAIM OF THE ASSESSEE. THEREFO RE, GROUND IS ALLOWED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 29 TH JULY, 2011. SD/- SD/- ( A.K. GARODIA ) ( MUKUL KR. SH RAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMB ER AHMEDABAD; DATED 29/ 07 /2011 T.C. NAIR, SR. PS ITA NO. 1454/AHD/2009 NANGALIA SYNTHETICS PVT.LTD. VS. ITO ASST.YEAR - 2006-07 - 3 - COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE. 2. THE DEPARTMENT. 3. THE CIT CONCERNED. 4. THE LD. CIT(APPEALS)-I, SURAT 5. THE DR, AHMEDABAD BENCH. 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD 1. DATE OF DICTATION.. 28/07/2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 28/07/2011 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S29/7/2011 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 29/7/2011 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER