M/s. Bhagyodaya Transoport Co., Pune V. ITO, Ward 2(1), Pune, Pune

ITA 1615/PUN/2004

• Counselvise Citation: 161524514 RSA 2004
• Duration Of Justice: 6 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 19-08-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 22-11-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA
• Assessee Lawyers: V L JAIN
• Keywords: Depreciation; Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER ITA NO. 1615/PN/2004 (ASSTT. YEAR: 2001-02) M/S. BHAGYODOYA TRANSPORT CO., ... APPELLANT BALAJI NAGAR, PUNE- 411043 PAN : NOT AVAILABLE V. ITO WARD 2(1), PUNE RESPONDENT APPELLANT BY : SHRI V.L. JAIN RESPONDENT BY : MS. ANN KAPTHUAMA ORDER PER I.C. SUDHIR, JM THE ASSESSEE HAS QUESTIONED THE FIRST APPELLATE ORDER MAINLY ON THE GROUND THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING THE D ISALLOWANCE OF DEPRECIATION OF RS. 9,37,500/-. 2. AT THE OUTSET OF HEARING THE LD. A.R POINTED OU T THAT THE ISSUE RAISED IN THE PRESENT CASE IS COVERED BY THE DECISION OF PUNE BEN CH OF THE TRIBUNAL IN THE CASE OF ASSESSEE ITSELF, IN THE A.YS. 2000-01, 2002-03 AND 200304 WHEREIN VIDE ORDER DATED 29.8.2007, THE ISSUE HAS BEEN SET ASIDE TO TH E FILE OF LD. CIT(A) TO DECIDE THE ISSUE DE NOVO AFTER EXAMINING THE ADMISSIBILITY OF THE ADDITIONAL EVIDENCE AND BY PASSING A SPEAKING ORDER. HE SUBMITTED FURTHER THA T SIMILAR FACTS ARE THERE IN THE YEAR UNDER CONSIDERATION. 3. THE LD. D.R ON THE OTHER HAND PLACED RELIANCE ON THE FIRST APPELLATE ORDER. 4. HAVING GONE THROUGH THE CITED DECISION AND THE O RDERS OF THE AUTHORITIES BELOW, WE FIND THAT AN IDENTICAL ISSUE UNDER THE S IMILAR FACTS AND CIRCUMSTANCES HAS ITA . NO 1615/PN/2004 M/S. BHAGYODOYA TRANSPORT CO. A.Y. 2001-02 PAGE OF 2 2 BEEN SET ASIDE BY THE TRIBUNAL IN THE CASE OF SAME ASSESSEE FOR THE A.YS. 2000-01, 2002-03 AND 2003-04 TO THE FILE OF THE LD. CIT(A) FOR ITS FRESH CONSIDERATION BY PASSING A SPEAKING ORDER. FOLLOWING THE SAME WE SE T ASIDE THE ISSUE TO THE FILE OF THE LD. CIT(A) TO DECIDE THE ISSUE AS TO WHETHER TH E ASSESSEE IS ELIGIBLE FOR THE CLAIMED DEPRECIATION IN QUESTION, AFRESH AS IT HAS BEEN DIRECTED BY THE TRIBUNAL VIDE ITS ORDER DATED 29.8.2007 (SUPRA) IN THE CASE OF SAME ASSESSEE FOR A.YS. 2000- 01, 2002-03 AND 2003-04. 5. THE GROUNDS AND APPEAL ARE THUS ALLOWED FOR STAT ISTICAL PURPOSE. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30TH AUGUST 2011. SD/- SD/- ( G.S. PANNU ) ACCOUNTANT MEMBER ( I.C. SU DHIR ) JUDICIAL MEMBER PUNE, DATED THE 30TH AUGUST , 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT -II, PUNE 4. THE CIT(A)- II, PUNE 5. THE D.R. B BENCH, PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE