SAGAR NAMDEV NIVGUNE, MUMBAI V. ITO WD 20(3) (1) , MUMBAI

ITA 2262/MUM/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1770 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 01-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 154; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE HON'BLE SHRI SANJAY GARG, JUDICIAL MEMBER ITA No. 2262/Mum/2021 (Assessment Year 2017-18) S a ga r Na m d e o N i vgu n e 5 1 2 , B h a ra t Ch a m b e rs, B a ro d a , S tre e t Cu rn a c B u n d e r, Ma sj id E a st, Mu m b a i -4 0 0 0 0 9 Vs. The ITO Ward 20(3)(1) Piramal Chambers, Mumbai-400 013 (Appellant) (Respondent) PAN No. ADTPN0483G ITA No. 2263/Mum/2021 (Assessment Year 2017-18) S a r ga r Na m d e o N i vgu n e 5 1 2 , B h a ra t Ch a m b e rs, B a ro d a , S tre e t Cu rn a c B u n d e r, Ma sj id E a st, Mu m b a i -4 0 0 0 0 9 Vs. The ITO Ward 20(3)(1) Piramal Chambers, Mumbai-400 013 (Appellant) (Respondent) PAN No. AADTS5638M Assessee by : Shri Bharat Kumar, AR Revenue by : Shri Anil Gupta, DR Date of hearing: 19.05.2022 Date of pronouncement : 19.05.2022 O R D E R 01. The captioned appeals have been preferred by the assessee against the separate orders dated 29.09.2021 & 28.09.2021 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) respectively. ITA No. 2263/Mum/2021 02. First, we take the assessee’s appeal in ITA No. 2263/Mum/2021. The assessee has raised the following grounds of appeal:- Page | 2 ITA No. 2262 & 2263/Mum/2021 Sagar Namdeo Nivgune A.Y. 17-18 & 18-19 “1. On the facts and Circumstances of the case in Law, Ld CIT (A) erred in not considering depreciation allowance under I.T. Act 1961 of ₹12,47,593/-.” 03. At the outset, the learned counsel for the assessee has submitted that the assessee in the income-tax return had claimed depreciation on certain items, however, due to some inadvertence; the depreciation chart could not be filled up. At the time of processing of return, due to the mismatch in the claim of the depreciation, the depreciation to some extent was disallowed to the assessee. The assessee carried the matter in appeal to the learned CIT (A), however, The learned CIT (A) also confirmed the disallowance made by the Assessing Officer. 04. Before this Tribunal, the learned counsel for the assessee submitted that the matter may be remanded to the file of the learned Assessing Officer so that the assessee may show about the arithmetical error committed while uploading the return so that the assessee maybe allowed the claim of depreciation as per his entitlement as per law. 05. The learned Departmental Representative has not objected to the same. 06. In view of this, matter is restored to the file of the Assessing Officer with a direction to consider the claim of the assessee regarding the depreciation, irrespective of the fact that there was any error in the uploaded return and allowing the assessee the eligible claim as per the entitlement of the assessee as per law. Page | 3 ITA No. 2262 & 2263/Mum/2021 Sagar Namdeo Nivgune A.Y. 17-18 & 18-19 ITA No. 2262/Mum/2021 07. This is an appeal of the assessee on the same issue whereby, the assessee had sought to rectify the assessment order by way of moving an application under section 154 of the Act, which was rejected by the lower authorities. Since, the issue has been restored back to the file of the Assessing Officer as per observation made above, therefore, the present appeal of the assessee against the order passed under section 154 of the Act has become infractuous and the same is dismissed, accordingly. 08. In the Result, appeal of the assessee being ITA No. 2263/Mum/2021 is allowed, whereas appeal in ITA no. 2262/Mum/2021 is dismissed. Order pronounced in the open court on 19.05.2022. Sd/-/- (SANJAY GARG) (JUDICIAL MEMBER) Mumbai, Dated: 19.05.2022 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai