ACIT, Circle-3, Jodhpur V. M/s. S.S. Aloe Pvt. Limited, Jodhpur

ITA 158/JODH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6124 (ITAT-JODHPUR)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 06-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DAS JCIT AL REPRESENTATIVE
• Keywords: Depreciation; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH (SMC), JODHPUR BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 158/JODH/2018 (ASSESSMENT YEAR-2013-14 ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-3, ROOM NO. 88, AAYAKAR BHAWAN PAOTA C ROAD, JODHPUR. VS M/S S. S. ALOE PVT. LIMITED 276-277, 1 ST FLOOR, MANJI K HATHA, PAOTA, JODHPUR (APPELLANT) (RESPONDENT) PAN: ABPFS 2923 N REVENUE BY SH. A. K. DAS (JCIT) DEPARTMENTAL REPRESENTATIVE ASSESSEE BY NONE DATE OF HEARING 16/07/2018 DATE OF PRONOUNCEMENT 18/07/2018 O R D E R PER: R.C. SHARMA, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A)-2, JODHPUR DATED 28/03/2018 FOR THE A.Y. 2013-14 IN THE MATTER OF ORDER U/S 143(3) OF THE INCOME-TAX AC T, 1961 [HEREINAFTER REFERRED TO AS THE ACT, FOR SHORT]. THE GROUNDS RAISED BY THE REVENUE IN APPEAL ARE REPRODUCED AS U NDER: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LD. CIT(A)- 2, JODHPUR WAS JUSTIFIED IN DELETING ADDITION OF RS . 35,82,233/- MADE ON ACCOUNT OF DISALLOWANCE OF DEPRECIATION, IGNORING T HE FACT THAT THE 2 ITA 158/JODH/2018 ACIT, JODHPUR VS. M/S S. S. ALOE PVT. LTD, JODHPUR DEPRECIATION CLAIMED ON PLANT AND MACHINERY WERE NO T PUT TO USE DURING THE YEAR AND FACTORY HAS NOT BEEN RUNNING FROM LAST 6-7 YEARS. 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A)- 2, JODHPUR WAS JUSTIFIED IN DELETING THE ADDITION O F RS. 4,67,596/- MADE ON ACCOUNT OF DISALLOWANCE OF POWER EXPENSES, IGNORING THE FACT THAT DURING THE ASSESSMENT PROCEEDINGS ASSESSEE FAILS TO PROVE THAT POWER AND FUEL EXPENSES ACTUALLY PERTAINS TO M/S S. S. ALOE PVT. L TD., JODHPUR THAT THE APPELLANT RESERVES ITS RIGHT TO ADD, AMEN D OR ALTER THE GROUND(S) OF APPEAL ON OR BEFORE THE DATE OF FINALLY HEARD. 2. I HAVE GONE THROUGH THE ORDERS OF AUTHORITIES BELOW AND FOUND THAT TAX EFFECT IN RESPECT OF ADDITIONS DELETED BY CIT(A) IS BELOW RS. 20 LACS, ACCORDINGLY IN TERM OF CBDT CIRCULAR NO. 3/2018 DAT ED 11.07.2018 THIS APPEAL DESERVES TO BE DISMISSED ON THE GROUND OF LO W TAX EFFECT. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/07/2018 . SD/- [R.C. SHARMA] ACCOUNTANT MEMBER DATED : 18/07/2018 *GANESH KUMAR COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 6. GUARD FILE (ITA NO. 158/JODH/2018) ASSISTANT REGISTRAR JODHPUR BENCH 3 ITA 158/JODH/2018 ACIT, JODHPUR VS. M/S S. S. ALOE PVT. LTD, JODHPUR