The ACIT, Circle-2(1)(2), Ahmedabad V. Mundra International Container Terminal Pvt. Ltd., Kutch

ITA 2170/AHD/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4124 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 28-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANTOSH KARNANI
• Assessee Lawyers: S N SOPARKAR
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.2170/AHD/2017 (ASSESSMENT YEAR 2009-10) THE ACIT, CIRCLE 2(1)(2), AHMEDABAD. VS. MUNDRA INTERNATIONAL CONTAINER TERMINAL PVT. LTD., NEW MUNDRA PORT, NAVINAL ISLAND, POST BOX NO.8, MUNDRA KUTCH. [ PAN NO. AADCA 0917 C ] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI SANTOSH KARNANI, SR. D.R. RESPONDENT BY : SHRI S. N. SOPARKAR & MS. URVASHI SODHAN, A.R. DATE OF HEARING 13.02.2019 DATE OF PRONOUNCEMENT 14 .02. 2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER DATED 03.07.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) 2, AHMEDABAD UNDER SECTION 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) ARISING OUT OF THE ORDER DATED 13. 12.2016 PASSED BY THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(2), AHMED ABAD FOR THE ASSESSMENT. ITA NO.2170/AHD/2017 ACIT VS. MUNDRA INTERNATIONAL CONTAINER TERMINAL PV T. LTD. ASST. YEAR. 2009-10 - 2 - 2. THE BRIEF FACTS LEADING TO THIS CASE IS THIS THA T THE RETURN OF INCOME FOR A.Y. 2009-10 WAS FILED BY THE ASSESSEE ON 17.09.200 9 DECLARING LOSS OF (-) RS.14,82,20,958/- WAS COMPLETED UNDER SECTION 143(3 ) R.W.S. 144C OF THE INCOME TAX ACT (THE ACT) ON 23.05.2013 DETERMINING THE TOTAL LOSS OF (-) RS.13,99,64,931/- WHICH WAS SET ASIDE BY THE PRINCI PAL COMMISSIONER OF INCOME TAX-2, AHMEDABAD U/S 263 OF THE ACT ON 21.03 .2016 WITH THE DIRECTION UPON THE LEARNED AO TO REFRAME THE ASSESSMENT WITH REGARD TO THE WRONG ALLOWANCE OF DEPRECIATION ON THE INFRASTRUCTURE US AGE FACILITY. CONSEQUENTLY, THE ORDER DATED 13.12.2016 WAS PASSED BY THE LEARNED DCIT, CIRCLE 2(1)(2), AHMEDABAD WITH CERTAIN ADDITIONS WHICH IN APPEAL WAS DELETED BY THE LEARNED CIT(A)-2, AHMEDABAD. HENCE, THE INSTANT APPEAL BEFORE US. 3. SIMULTANEOUSLY, THE ORDER PASSED U/S 263 DATED 2 1.03.2016 BY THE PRINCIPAL COMMISSIONER OF INCOME TAX-2, AHMEDABAD W AS CHALLENGED BEFORE THE HONBLE ITAT. THE APPEAL PREFERRED BY THE ASSES SEE IN RESPECT OF THE ORDER U/S 263 PASSED BY THE PCIT WAS DISPOSED OF IN FAVOU R OF THE ASSESSEE BY THE LEARNED TRIBUNAL BY AND UNDER ORDER DATED 23.01.201 7 IN ITA NO.1253/AHD/2016 FOR A.Y. 2009-10. 4. IN THAT VIEW OF THE MATTER, THE LEARNED ADVOCATE APPEARING FOR THE ASSESSEE AT THE TIME OF HEARING OF THE MATTER SUBMI TTED BEFORE US THAT SINCE THE VERY BASIS OF THIS ORDER IMPUGNED BEFORE US BEING T HE ORDER U/S 263 DATED 21.03.2016 WAS DISMISSED BY THE CO-ORDINATE BENCH O F THIS HONBLE TRIBUNAL, THE ORDER IMPUGNED BEFORE US DATED 03.07.2017 BECOM E INFRUCTUOUS AND THUS ITA NO.2170/AHD/2017 ACIT VS. MUNDRA INTERNATIONAL CONTAINER TERMINAL PV T. LTD. ASST. YEAR. 2009-10 - 3 - THE SAME IS LIABLE TO BE DISMISSED AS INFRUCTUOUS. THE DR CONCEDED SUCH FACTUAL ASPECT OF THE MATTER. 5. HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND THAT THE ORDER IMPUGNED IS INFRUCTUOUS AND THUS THE SAME IS THUS DISMISSED AS INFRUCTUOUS. 6. IN THE RESULT, REVENUES APPEAL IS DISMISSED AS INFRUCTUOUS. THIS ORDER PRONOUNCED IN OPEN COURT ON 14/02/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED /02/2019 PRITI YADAV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. () / THE CIT(A)-2, AHMEDABAD. 5. , ! ', #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD