SANDEEP ACID CHEM PRIVATE LIMITED , MUMBAI V. INCOME TAX OFFICER 2(3)(3), MUMBAI

ITA 238/MUM/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6086 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: J
• Assessment Year: 2013-2014
• Appeal Filed On: 09-01-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Assessee Lawyers: N R AGGARWAL
• Keywords: Depreciation; Opportunity of being heard; Additional depreciation; Additional evidence
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , HON'BLE ACCOUNTANT MEMBER ITA NO. 238 /MUM/201 8 (A.Y: 2013 - 14) M/S. SANDEEP ACID CHEM PRIVATE LIMITED D - 801, BALAJI GARDEN SECTOR 11 KOPER KHAIRNE NAVI MUMBAI 400 709 PAN: AAACS7935B V. THE INCOME TAX OFFICER WARD - 2(3)(3 ) /CIT CITY 2 AAYAKAR BHAVAN MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI N.R. AGGARWAL DEPARTMENT BY : SHRI CHAUDHARY ARUNKUMAR SINGH DATE OF HEARING : 20.08.2019 DATE OF PRONOUNCEMENT : 30 .09.2019 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) 6, MUMBAI [HEREINAFTER FOR SHORT LD. CIT(A)] DATED 1 6.10.2017 FOR THE A.Y. 2013 - 14. 2. THE ONLY GROUND IN THE APPEAL OF THE ASSESSEE IS IN RESPECT OF SUSTAINING THE DISALLOWANCE ON ADDITIONAL DEPRECIATION ON PURCH ASE OF NEW PLANT AND MACHINERY. 2 ITA NO.238/MUM/2018 (A.Y: 2013 - 14) M/S. SANDEEP ACID CHEM PRIVATE LIMITED 3. AT THE TIME OF HEARING , LD. COUNSEL FOR THE ASSESSEE FURNISHED ADDITIONAL EVIDENCES IN THE FORM OF COPY OF BILLS FROM M/S. S.P. CHEMI EQUIPMENTS AND M/S. FINE PACK STRUCTURE PVT. LTD., AND LEDGER CONFIRMATIONS TO PROVE THAT THE ASSESSEE MADE PURCHASES OF PLANT AND MACHINERY FROM THOSE PARTIES. LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT COPIES OF INVOICES COULD NOT BE FURNISHED BEFORE THE LOWER AUTHORITIES AS THE SAME WERE NOT TRACEABLE IN THE RECORDS OF THE ASSESSEE AND SUBSEQUENTLY SOME OF THE EVIDENCES WERE OBTAINED FROM TH E PARTIES AND SINCE THESE MATERIALS GO TO THE ROOT OF THE MATTER THE SAME MAY BE ADMITTED AND REMITTED TO THE FILE OF THE ASSESSING OFFICER FOR EXA MINATION. 4. LD. DR HAS NO SERIOUS OBJECTIONS IN SENDING BACK THE MATTER TO THE FILE OF THE ASSESSING OFFICER. 5. W E HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW. ON A PERUSAL OF THE ADDITIONAL EVIDENCES FURNISHED BEFORE US, WE ARE OF THE VIEW THAT THESE EVIDENCES GO TO THE ROOT OF THE MATTER OF ALLOWANCE OF DEPRECIATION ON MACHINER Y, THE SAME ARE ADMITTED. THESE EVIDENCES HAVE TO BE EXAMINED BY THE ASSESSING OFFICER AS THESE EVIDENCES WERE NOT AVAILABLE FOR VERIFICATION. THUS, WE RESTORE ALL THESE EVIDENCES AND THE ISSUE IN HAND TO THE FILE OF THE ASSESSING OFFICER FOR DENOVO ADJU DICATION IN ACCORDANCE WITH LAW. THE ASSESSEE MAY FILE ALL 3 ITA NO.238/MUM/2018 (A.Y: 2013 - 14) M/S. SANDEEP ACID CHEM PRIVATE LIMITED THESE EVIDENCE S BEFORE THE ASSESSING OFFICER TO SUBSTANTIATE ITS CLAIM. NEEDLESS TO SAY THAT ASSESSING OFFICER SHALL PROVIDE ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, AP PEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THE 30 TH SEPTEMBER, 2019 SD/ - SD/ - ( MANOJ KUMAR AGGARWAL) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 30 / 0 9/2019 GIRIDHAR , S R. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM