Clinsync Clinical Research Private Limited , Hyderabad V. Income Tax Officer, Ward-1(4), Hyderabad

ITA 30/Hyd/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3161 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 07-11-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 04-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Depreciation; Set aside
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD B BENCH : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI MOHAN ALANKAMONY , ACCOUNTANT MEMBER ITA NO. 30 /HYD./201 9 ASSESSMENT YEAR: 20 1 4 - 15 & ITA NO. 3 9 /HYD./2019 ASSESSMENT YEAR: 2014 - 15 M/S CLINSYNC CLINICAL RESEARCH P LTD. VS. ITO, WARD 1(4) 16 - 11 - 740/9/7/32 HYDERABAD GADDIANNARAM DILSUKHNAGAR HYDERABAD PAN: AAECC3366N (APPELLANT) (RESPONDENT) FOR ASSESSE : SH. K.C.DEVDAS, AR . FOR REVENUE : S H. A.S.SANT, D.R. DATE OF HEARING : 07/11/ 19 DATE OF PRONOUNCEMENT : 15 /11 /19 O R D E R PER SMT. P. MADHAVI DEVI, J.M. BOTH ARE APPEALS FILED BY ASSESSEE FOR A.Y. 201 4 - 15 AGAINST THE ORDE R OF CIT(A) - 1 , HYDERABAD DATED 03.09.2018 . 2. AT THE TIME OF HEARING, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT BY MISTAKE TWO APPEALS WERE FILED BY ASSESSEE AGAINST THE SAME ORDER, THEREFORE, ITA 39/HYD/19 MAY BE DISMISSED ON ACCOUNT OF DUPLICATION. 2.1 . THUS, ITA 39/HYD/19 IS DISMISSED AS NOT MAINTAINABLE. 3. AS REGARDS ITA 30/HYD/19 IS CONCERNED, WE FIND THAT THERE IS ONLY ONE GROUND OF APPEAL AGAINST THE DISALLOWANCE OF DEPRECIATION OF RS.32,69,430/ - . ITA NO. 30 /HYD./201 9 AY 201 4 - 15 & ITA 39/H/19 AY 2014 - 15 CLINSYNC CLINICAL RESEARCH P LTD. HYD. 2 3. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE AO HAD DISALLOWED THE DEPRECIATION ON THE ASSETS ADDED TO THE BLOCK DURING THE YEAR, ON THE GROUND THAT ASSESSEE HAS NOT FURNISHED THE DETAILS OF THE ADDITIONS MADE TO THE FIXED ASSETS. HE SUBMITTED THA T THE ASSESSEE HAD FILED RELEVANT MATERIAL BEFORE THE CIT(A) , WHO CALLED FOR THE REMAND REPORT FROM THE AO AND THE AO HAS SUBMITTED REMAND REPORT ON 19. 07 .2018 STATING THAT ASSESSEE HAS SUBMITTED DOCUMENTARY PROOF IN SUPPORT OF ADDITIONS TO FIXED ASSETS AMOUNTING TO RS.2,35,39,875/ - DURING THE FY 2014 - 15 , WHICH ARE FOUND TO BE IN ORDER, AND, THEREFORE THE CIT(A) MAY CONSIDER THE CLAIM OF DEPRECIATIONS OF RS.32,69,430/ - . THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT ALL RELEVANT DETAILS WERE FILED BEFOR E THE AO DURING REMAND PROCEEDINGS AS OBSERVED BY THE AO, BUT THE CIT(A) HAS NOT CONSIDERED THE SAME AND HAS AGAIN CONFIRMED THE DISALLOWANCE. HE SUBMITTED THAT THE CIT(A) OUGHT TO HAVE CONSIDERED ALL THE RELEVANT MATERIAL FILED BEFORE THE AO. HE HAS FI LED BEFORE US AS EVIDENCE , A CHART OF ADDITIONS TO FIXED ASSETS TO THE TUNE OF RS.2,35,39,875/ - AND SUBMITTED THAT THIS IS THE EVIDENCE FILED BEFORE THE AO. WE ARE NOT SATISFIED WITH THE SAID EVIDENCE. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT H E HAD FILED THE COPIES OF INVOICES ETC. BUT THE CIT(A) HAS ERRONEOUSLY HELD THAT NO DETAILS ARE FILED. 3.1. H OWEVER, WE FIND THAT THE ASSESSEE HAS ONLY FILED A CHART AND NO OTHER DETAILS BEFORE US, WE ARE NOT ABLE TO ACCEPT THE CONTENTION OF THE ASSESSEE IN TOTO. THEREFORE, WE DEEM IT FIT AND PROPER TO DIRECT THE ASSESSEE TO FILE ALL RELEVANT DETAILS BEFORE THE CIT(A) AND IF SUCH MATERIAL IS FILED , THE DEPRECIATION ON SUCH ADDITIONS TO FIXED ASSETS SHALL NOT BE DISALLOWED. 4. IN THE RESULT , THIS ISSUE IS SET ASIDE TO THE FILE OF CIT(A) WITH AN OPPORTUNITY TO ASSESSEE TO FILE RELEVANT MATERIAL BEFORE THE CIT(A). 5. IN THE RESULT, ITA NO.39/H/19 IS DISMISSED BEING INFRUCTUOUS AND ITA NO.30/HYD/19 IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 15 TH NOVEMBER, 2019. SD/ - SD/ - (A. MOHAN ALANKAMONY) (P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 15 TH NOVEMBER, 2019 *GMV ITA NO. 30 /HYD./201 9 AY 201 4 - 15 & ITA 39/H/19 AY 2014 - 15 CLINSYNC CLINICAL RESEARCH P LTD. HYD. 3 COPY TO: - 1. M/S CLINSYNC CLINICAL RESEARCH P LTD., H .NO. 16 - 11 - 740/9/7/32, GADDIANNARAM, DILSUKNAGAR, HYD ERABAD 500 0 60 . 2. THE ITO, WARD 1(4), HYDERABAD. 3. THE CIT(A) - 1 , HYDERABAD THE PR.CIT - 1 , HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE ITA NO. 30 /HYD./201 9 AY 201 4 - 15 & ITA 39/H/19 AY 2014 - 15 CLINSYNC CLINICAL RESEARCH P LTD. HYD. 4 1. DRAFT DICTATED ON 07/11/19 2. DRAFT PLACED BEFORE THE AUTHOR 1 3 /11/19 14/11/19 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO SRPS 6. KEPT FOR PRONOUNCEMENT 15/11/19 7. FILE SENT TO BENCH CLERK