The Dy. CIT., Circle-1(1)(1), Vadodara V. Gujarat State Fertilizers & Chemicals Ltd., Vadodara

ITA 2534/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8313 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 06-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SANKAR
• Keywords: Depreciation; Additional depreciation
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 2534/AHD/2016 (ASSESSMENT YEAR: 2009-10) THE DCIT, CIRCLE-1(1)(1), VADODARA V/S GUJARAT STATE FERTILIZERS CHEMICALS LTD. P.O. FERTILIZER NAGAR DIST- VADODARA-391750 (APPELLANT) (RESPONDENT) PAN: AAACG7996C APPELLANT BY : SHRI T. SANKAR, SR. D.R. RESPONDENT BY : SHRI SANJAY R. SHAH ( )/ ORDER DATE OF HEARING : 11 -05-201 8 DATE OF PRONOUNCEMENT : 23 -05-2018 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, VADODARA DATED 29.07.2016 PERTAINING TO A.Y. 2009-1 0. ITA NO. 2534 /AHD/2016 . A.Y. 209-10 2 2. BRIEF FACTS OF THE CASE ARE THAT THE ORDER U/S 143( 3) OF THE ACT WAS PASSED IN THIS CASE ON 30.12.2011 DETERMINING THE TOTAL INCOM E AT RS. 9,63,46,05,466/-. SUBSEQUENTLY, THIS ASSESSMENT ORDER WAS SET ASIDE B Y THE CIT-I, BARODA VIDE ORDER PASSED U/S. 263 OF THE ACT ON 11.03.2014. THE ASSESSMENT HAD BEEN SET ASIDE ON THE ISSUES RELATING TO ALLOWANCE OF DEPREC IATION OF WIND MILLS AND OBSOLETE SPARES AND OTHER ITEMS WRITTEN OFF. THE OR DER U/S 143(3) RWS 263 OF THE ACT WAS PASSED ON 20.03.2015 DETERMINING THE TO TAL INCOME AT RS. 96,4,27,53,229/-. THIS INCLUDED ADDITION OF RS. 7,2 2,82,760/- ON ACCOUNT OF ADDITIONAL DEPRECIATION AND RS. 92,66,211/-ON ACCOU NT OF WRITE OFF OF SPARES AND APPEAL HAS BEEN FILED AGAINST THE ABOVE SAID OR DER. 3. DURING THE COURSE OF THE APPELLATE PROCEEDINGS AND BEFORE LD. CIT(A), APPELLANT SUBMITTED THAT THE ORDER PASSED BY THE CI T-I, BARODA U/S 263 OF THE ACT HAS BEEN SET ASIDE BY THE ITAT AHMEDABAD BENCH VIDE ORDER DATED 31.03.2016 PASSED IN ITA NO, 1402/AHD/2014. A COPY OF THIS ORDER WAS FURNISHED WHICH SHOWS THAT THE ITAT HAS SET ASIDE T HE ORDER OF CIT-I, BARODA AND HAS RESTORED THE ORDER OF THE AO. CONSEQUENTLY, THE ASSESSMENT ORDER PASSED IN CONSEQUENCE TO SUCH ORDER U/S 263 ALSO DO ES NOT SURVIVE. HENCE, THE ASSESSMENT ORDER PASSED U/S 143(3) RWS 263 OF THE A CT WAS ANNULLED. 4. BUT DEPARTMENT PREFERRED APPEAL BEFORE US BY SHOWIN G THAT THE ORDER OF THE ITAT BEARING ORDER NO. 1402/AHD/2015 DTD 31.03.2016 ON ORDER PASSED U/S 263 OF THE IT. ACT HAS NOT BEEN RECEIVED IN THIS OF FICE, THE SAME REMAINS TO BE DECIDED ON MERITS. IN ORDER TO KEEP THE MATTER ALIV E, A SECOND APPEAL IS FILED AGAINST THE ORDER OF LD. CIT(A), WHEREIN THE ORDER U/S 143(3) RWS 263 OF THE ACT DTD. 20.03.2015 HAS BEEN ANNULLED. ITA NO. 2534 /AHD/2016 . A.Y. 209-10 3 5. LD. A.R. HAS ALSO SUBMITTED COPY OF ITAT ORDER IN I TA NO. 1402/AHD/2014 IN WHICH ASSESSEES APPEAL HAS BEEN ALLOWED. NOW NO THING IS REMAINED IN THIS MATTER AND THIS APPEAL IS DISMISSED AS INFRUCTUOUS. 6. IN THE RESULT, APPEAL FILED BY THE DEPARTMENT IS DI SMISSED. ORDER PRONOUNCED IN OPEN COURT ON 23 - 05- 2018 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 23 /05/2018 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD