AVIA CONSTRUCTION GROUP P. LTD, AURANGABAD V. ACIT (OSD) 10(1), MUMBAI

ITA 2242/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8095 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-05-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 03-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R P MEENA
• Keywords: Depreciation; Additional depreciation; Additional evidence
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER ITA NO.2242/M/2014 ASSESSMENT YEAR: 2007-08 M/S. AVIA CONSTRUCTION GROUP PVT. LTD., (PREVIOUSLY KNOWN AS M/S. AJAY DEEP NEW TOWN DEVELOPERS PVT. LTD.) 9, TOWN CENTRE, CIDCO, AURANGABAD, MAHARASHTRA-431 003 PAN: AAACA9848H VS. ACIT (OSD)-10(1), MUMBAI (APPELLANT) (RESPONDENT) ITA NO.3351/M/2012 ASSESSMENT YEAR: 2007-08 M/S. AJAY DEEP NEW TOWN DEVELOPERS PVT. LTD., AKSHAY DEEP PLAZA, 9, TOWN CENTRE, CIDCO, AURANGABAD, MAHARASHTRA-431 003 PAN: AAACA9848H VS. COMMISSIONER OF INCOME TAX -10, 574, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : NONE REVENUE BY : SHRI R.P. MEENA, D.R. DATE OF HEARING : 04.10.2017 DATE OF PRONOUNCEMENT : 18.12.2017 ITA NO.2242/M/2014 & 3351/M/2012 M/S. AJAY DEEP NEW TOWN DEVELOPERS PVT. LTD. M/S. AVIA CONSTRUCTION GROUP PVT. LTD., (PREVIOUSLY KNOWN AS M/S. AJAY DEEP NEW TOWN DEVELO PERS PVT. LTD.) 2 O R D E R PER D.T. GARASIA , JUDICIAL MEMBER: THESE TWO APPEALS HAVE BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 20.01.2014 OF THE COMMISSIONER OF I NCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] R ELEVANT TO ASSESSMENT YEAR 2007-08. 2. THESE TWO APPEALS OUT OF WHICH ONE IS AGAINST SE CTION 263 AND SECOND APPEAL IS AGAINST THE ASSESSMENT ORDER PASSE D CONSEQUENCE TO THE ORDER OF 263. 3. THE SHORT FACTS OF THE CASE ARE AS UNDER: ON PERUSAL OF THE RECORD THE ASSESSEE COMPANY WHO WAS ENGAGED IN BUSINESS OF CIVIL CONSTRUCTION AND AN EX ECUTION OF CONSTRUCTION CONTRACTS HAS CLAIMED AND ALLOWED ADDI TIONAL DEPRECIATION U/S 32(1)(IIA) AMOUNTING TO RS.27,21,8 47/-. MOREOVER, THERE WAS A DIFFERENCE IN GROSS CONTRACT RECEIPTS A S PER PROFIT & LOSS A/C AND THE TDS CERTIFICATE WHICH IS AS UNDER: NAME OF THE PARTY GROSS RECEIPTS AS PER PROFIT & LOSS A/C INCOME AS PER TDS CERTIFICATES AJAY DEEP CONSTRUCTIONS PVT. LTD. 12,82,74,700 14,60,24,200 TAPI AKKALAPADA DHULE 12,45,98,729 12,88,36,335 TOTAL 25,28,73,429 27,48,60,535 DIFFERENCE 2,19,87,106 ITA NO.2242/M/2014 & 3351/M/2012 M/S. AJAY DEEP NEW TOWN DEVELOPERS PVT. LTD. M/S. AVIA CONSTRUCTION GROUP PVT. LTD., (PREVIOUSLY KNOWN AS M/S. AJAY DEEP NEW TOWN DEVELO PERS PVT. LTD.) 3 4. THUS THERE IS A DIFFERENCE OF RS.2,19,87,106/- A ND NO EXPLANATION WAS OFFERED BY THE ASSESSEE. THEREFORE , NO CONCILIATION WAS DONE BY THE ASSESSING OFFICER (HEREINAFTER REFE RRED TO AS THE AO). THEREFORE, MATTER WAS RESTORED TO AO TO PASS A FRESH ASSESSMENT ORDER. 5. IN THE FRESH ASSESSMENT ORDER, THE AO AND CIT(A) HAVE VERIFIED THE RECORDS. THE AO WAS OF A VIEW THAT THE ASSESSE E IS NOT ENTITLED FOR ADDITIONAL DEPRECIATION OF RS.27,21,847/- AGAIN ST WHICH THE ASSESSEE IN APPEAL BEFORE US. 6. DURING THE COURSE OF HEARING THE ASSESSEE DID NO T REMAIN PRESENT AND NO ADDITIONAL EVIDENCE WAS PRODUCED BEF ORE US TO VERIFY THE SAME. THEREFORE, WE CONFIRM THE ORDER OF THE L D. CIT(A). 7. IN RESPECT OF SECTION ISSUE WHICH IS RELATING TO DIFFERENCE IN TDS THE MATTER IS RESTORED BY THE LD. CIT(A) TO AO. THEREFORE, IT DOES NOT REQUIRE ANY ADJUDICATION. 8. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.12.2017. SD/- SD/- (N.K. PRADHAN) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 18.12.2017. * KISHORE, SR. P.S. ITA NO.2242/M/2014 & 3351/M/2012 M/S. AJAY DEEP NEW TOWN DEVELOPERS PVT. LTD. M/S. AVIA CONSTRUCTION GROUP PVT. LTD., (PREVIOUSLY KNOWN AS M/S. AJAY DEEP NEW TOWN DEVELO PERS PVT. LTD.) 4 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.