ACIT, Circle - 7(1), , Kolkata V. M/s. Dunlop India Ltd., , Kolkata

ITA 1999/KOL/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8955 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Keywords: Depreciation; Unabsorbed depreciation
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER] I.T.A. NO. 1999/KOL/2018 ASSESSMENT YEAR: 2008-09 ACIT, CIRCLE-7(1), KOLKATA........................................................................... APPELLANT VS. M/S. DUNLOP INDIA LTD....................................................................................................RESPONDENT [PAN: AABCD 0198 E] APPEARANCES BY: SMT. RANU BISWAS, ADDL. CIT, APPEARED ON BEHALF OF THE REVENUE. NONE APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : JANUARY 1 ST , 2020 DATE OF PRONOUNCING THE ORDER : JANUARY 15 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, KOLKATA [CIT(A) FOR SHORT] DATED 13.07.2018 U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT) FOR AY 2008-09. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUE OF NOTICE. THERE IS NO PETITION FILED FOR ADJOURNMENT EITHER. UNDER THESE CIRCUMSTANCES I DISPOSE OFF THE CASE EX PARTE ON MERITS QUA THE ASSESSEE AFTER HEARING THE LD. DR. 3. HEARD THE LD. DR. I FIND THAT THE LD. CIT(A) AT PAGES 16-19 OF HIS ORDER APPLIED THE DECISION OF ITAT IN THE CASE OF WINSOME BREWERIES LTD. IN AY 2009-10 IN 622/KOL/2013 DATED 16.12.2015 AND DIRECTED THE AO TO DETERMINE THE AMOUNT OF UNABSORBED DEPRECIATION AVAILABLE TO THE ASSESSEE FOR CARRY FORWARD AS ON 01.04.2002 AND TREAT THE SAME IN ACCORDANCE WITH SECTION 32(2) OF THE AMENDED FINANCE ACT, 2001. HE FURTHER DIRECTED THE AO TO VERIFY THE ORDER OF THE LD. CIT(A)-32, KOLKATA DATED 23.01.2013 AND GIVE EFFECT TO THE SAME AND THEREAFTER SET OFF BUSINESS LOSS AND UNABSORBED DEPRECIATION 2 I.T.A. NO. 1999/KOL/2018 ASSESSMENT YEAR: 2008-09 M/S. DUNLOP INDIA LTD. AS DIRECTED ABOVE. WE FIND NO INFIRMITY IN THIS FINDING OF THE LD. CIT(A). HENCE, WE UPHOLD THE SAME. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. KOLKATA, THE 15 TH JANUARY, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15.01.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. ACIT, CIRCLE-7(1), KOLKATA. 2. M/S. DUNLOP INDIA LTD., FLAT NO. 1, 5 TH FLOOR, SYED AMIR ALI AVENUE, KOLKATA-700 017. 3. CIT(A) -3 , 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