I.T.O Wd - 36(1),kolkata, Kolkata V. M/s Tirupati Engineering Works, Kolkata

ITA 2400/KOL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4493 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 25-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRINAL KANTI BISWAS
• Keywords: Depreciation; Rectification of order
• Section: 54; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C, KOLKATA [BEFORE SHRI P.M.JAGTAP, AM & SHRI S.S.VISWANETHRA RAVI, JM ] ITA NO. 2400/KOL/2013 : ASSESSMENT YEAR : 2011 -12 I.T.O., WARD-36(1) KOLKATA VS M/S. TIRUPATI ENGINEERING WORKS PAN: AABFT 7815M (APPELLANT) (RESPONDENT) FOR THE DEPARTMENT : SHRI MRINAL KANTI BISWAS, JCIT FOR THE ASSESSEE : SHRI SOUMITRA CHOUDHURY , ADVOCATE DATE OF HEARING : 11.05.2016 DATE OF PRONOUNCEMENT : 21.07.2016 ORDER PER SHRI S.S.VISWANETHRA RAVI, JM THIS APPEAL PREFERRED BY THE REVENUE IS FILED AGAIN ST THE ORDER DATED 04.06.2013 PASSED BY THE CIT(APPEALS)-X X, KOLKATA FOR THE ASSESSMENT YEAR 2011-12. 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE FILED ITS RETURN OF INC OME ON 25.09.2011 DECLARING A TOTAL INCOME OF RS.36,75,250 /- AND CLAIMED DEPRECIATION OF RS.35,52,875/- WHICH WAS NOT ALLOWE D BY THE AO. THE AO DETERMINED THE INCOME OF THE ASSESSEE AT RS. 72,28,130/- BY AN ORDER DATED 21.05.2012 UNDER SECTION 143(1) O F THE ACT. THE C.I.T.(A) ALLOWED BY AN ORDER DATED 04.06.2013 THE CLAIM OF THE ASSESSEE MADE TOWARDS DEPRECIATION AGAINST WHICH TH E REVENUE ITA NO S. 2400/KOL/2013 M/S. TIRU PATI ENGINEERING WORKS 2 PREFERRED THIS APPEAL BEFORE US. MEANWHILE, THE ASS ESSEE FILED AN APPLICATION DATED 23.08.2012 UNDER SECTION 154 OF T HE ACT SEEKING TO RECTIFY THE COMPUTATION MADE BY THE AO IN DETERM INING THE AMOUNT OF RS.72,28,125/- INSTEAD OF RS.36,75,230/-. THE CENTRAL PROCESSING CENTRE ACCEPTED THE E-APPLICATION UNDER SECTION 154 OF THE ACT AND COMMUNICATED THE RECTIFICATION ORDER VI DE REG:CPC/1112/ TS/1207818509 DATED 24.08.2012 DETERM INING THE TOTAL INCOME OF THE ASSESSEE AT RS.36,75,250/- INST EAD OF RS.72,28,125/-. THE COUNSEL FOR THE ASSESSEE PLACED SUCH ORDER BEFORE US AND SUBMITTED THAT THE APPEAL FILED BEFOR E THE ITAT HAS BECOME INFRUCTUOUS IN VIEW OF THE RECTIFICATION ORD ER DATED 24.08.2012 AND SOUGHT TO DISMISS THE APPEAL. THE LD . DR DID NOT CONTROVERT THE SUBMISSIONS OF THE LD. COUNSEL FOR T HE ASSESSEE. 3. HEARD RIVAL SUBMISSIONS. WE FIND IT EVIDENT FROM THE ORDER OF COMMUNICATION DATED 24.08.2012 THAT UNDER SECTION 1 54 OF THE ACT THE TOTAL INCOME OF THE ASSESSEE HAS BEEN DETERMINE D AT RS.36,75,250/-. IN VIEW OF THE ABOVE, WE ARE OF THE VIEW THAT THE PRESENT APPEAL NEEDS NO ADJUDICATION, THEREFORE, IT IS DISMISSED AS INFRUCTUOUS. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 21.07.2016 SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 21/07/2016 TALUKDAR (SR.PS) ITA NO S. 2400/KOL/2013 M/S. TIRU PATI ENGINEERING WORKS 3 COPY OF THE ORDER FORWARDED TO: 1. M/S. TIRUPATI ENGINEERING WORKS, 71/D, NETAJI SU BHASH ROAD, 3 RD FLOOR, KOLKATA- 700 001 2 ITO, WARD-36(1), KOLKATA 3. THE CIT-I, 4. T HE CIT(A)-I, 5. DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES