The ACIT-4(1) , Indore V. Parvati Sweetners And Power Ltd, Indore

ITA 180/Ind/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8959 (ITAT-INDORE)
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-01-2024
• Assessment Year: 2014-2015
• Appeal Filed On: 10-05-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 154

Judgement Text

Page 1 of 7 आयकर अपीलीय अिधकरण, इंदौर Ɋायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER ITA No. 180/Ind/2023 Assessment Year: 2014-15 A.C.I.T., 4(1), Indore. बनाम/ Vs. Parvati Sweetners and Power Limited, 119/1, Naroli Arcade Manormaganj, Near Palasia Square, Indore. (Appellant /Revenue) (Respondent/Assessee) PAN: AAGCP3350D Assessee by Shri Pankaj Shah, C. A. and Shri Soumya Bumb, CA Revenue by Shri Ms.Simran Bhullar, CIT DR Date of Hearing 31.01.2024 Date of Pronouncement 31.01.2014 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by appeal-order dated 08.02.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”], which in turn arises out of rectification-order dated 31.03.2021 passed by learned DCIT/ACIT-4(1), Indore [“AO”] u/s 154 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2014-15, the revenue has filed this appeal. 2. Heard the learned Representatives of both sides and perused the orders of lower-authorities carefully. For the relevant AY 2014-15 under ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 2 of 7 consideration, the assessee’s case was selected under scrutiny and the AO issued statutory notices u/s 143(2)/142(1) from time to time which were duly complied by assessee. Ultimately, the AO passed assessment-order u/s 143(3) on 29.12.2016. Subsequently, the AO rectified the said assessment- order u/s 154 vide order dated 31.03.2021 whereby he disallowed depreciation of Rs. 6,32,96,126/-, which was allowed in scrutiny- assessment, on the premise that the assessee had not submitted any evidence of additions in fixed assets. Aggrieved, the assessee carried matter in first-appeal and argued that the impugned disallowance made by AO was not an apparent mistake; it is a debatable issue which is outside the ambit and scope of section 154. The Ld. CIT(A), after a careful consideration, accepted contention of assessee and deleted the disallowance made by AO. Now, the revenue has come in next appeal assailing the order of CIT(A). 3. At first, we extract the order of CIT(A) for an immediate reference: “5. Decision I have gone through the grounds of appeal, statement of facts, submissions of the Appellant, order passed u/s 154 of the Act and have considered the facts and evidences on record. ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 3 of 7 ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 4 of 7 ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 5 of 7 ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 6 of 7 ACIT,4(1),Indore vs. Parvati Sweetners and Power Limited, Indore. ITA No. 180/Ind/2023 – AY 2014-15 Page 7 of 7 4. Thus, the CIT(A) has held that the issue of depreciation taken up by AO for rectification was a debatable issue and hence outside the scope of section 154. Learned DR appearing for appellant/revenue has understood this legal point quickly and could not point out any mistake in the order of CIT(A). In that view of matter, we hardly find any mistake in the order of CIT(A) so as to warrant our interference. The same is therefore upheld and the revenue’s appeal is dismissed being devoid of any merit. 5. Resultantly, this appeal is dismissed. Order pronounced in open court immediately on conclusion of hearing and subsequently reduced in writing on the same day sd/- sd/- (VIJAY PAL RAO) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore िदनांक /Dated : 31.01.2024 CPU/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore