M/s Steel Authority of India Ltd., New Delhi V. Addl. CIT, New Delhi

ITA 3057/DEL/2013

• Counselvise Citation: 305720114 RSA 2013
• Duration Of Justice: 1 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 03-11-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 16-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAMESH CHANDRA
• Assessee Lawyers: PN SHASTRI
• Keywords: Depreciation

Judgement Text

ITA NO. 3057/ DEL/ 2013 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G , NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A. N O. 3057/DEL/2013 A.Y. : 2008 - 09 STEEL AUTHORITY OF INDIA LTD., GM (TAXATION), 4 TH FLOOR, ISPAT BHAVAN, LODI ROAD, NEW DELHI 110003 (PAN: AAACS7062F) VS. ADDL. CIT, RANGE 9, CR BUILDING, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. PN SHASTRI, CA & SH. MP RASTOGI, ADV. DEPARTMENT BY : SH. RAMESH CHANDRA, CIT(DR) DATE OF HEARING : 03 - 11 - 2014 DATE OF ORDER : 03 - 11 - 2014 ORDER PER H.S. SIDHU : J M TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - X II, NEW DELHI DATED 15.3.2013 P ERTAINING TO ASSESSMENT YEAR S 2008 - 09 . 2. THE GROUNDS RAISED IN THE APPEAL READ AS UNDER: - 1. THAT CIT(A) HAS ERRED IN CONFIRMING THE DISALLOWANCE OF PRO RATA DEPRECIATION OF RS. 5049.10 LAKHS ON ITA NO. 3057/ DEL/ 2013 2 ACCOUNT OF DOWNWARD REVALUATION OF ASSETS [BY REDUCTION] IN A.T. 2000 - 01. 2. THAT THE APPELLANT SEEKS LAVE TO ADD, AMEND, ALTER, ABANDON OR SUBSTITUTE ANY OF THE ABOVE GROUNDS AT THE TIME OF HEARING OF APPEAL. 3. THE FACTS OF THE CASE ARE NOT IN DISPUTE BY BOTH THE PARTIES, THEREFORE, NEED NOT RE PEATED HERE FOR THE SAKE OF CONVENIENCE. 4. AT THE TIME OF HEARING LD. COUNSEL OF THE ASSESSEE STATED THAT THE ISSUE IN DISPUTE HAS ALREADY BEEN ADJUDICATED AND DECIDED AGAINST THE ASSESSEE IN ASSESSEE S OWN CASE BY THE ITAT, DELHI BENCHES FOR THE ASSTT. YEAR 200 0 - 0 1 , 2001 - 02 AND 2002 - 03 VIDE ORDER DATED 25.6.2009 PASSED IN ITA NO. 2782/DEL/2004 & ORS. AS WELL AS IN SUBSEQUENT YEARS AND, THEREFORE, HE REQUESTED THAT THIS APPEAL MAY BE DISPOSED OFF ACCORDINGLY. 4.1 LD. DEPARTMENTAL REPRESENTATIVE DID NOT HAVE ANY OBJECTION ON THIS PROPOSITION OF THE LD. COUNSEL OF THE ASSESSEE. 5. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE MATERIAL AVAILABLE ON RECORD ESPECIALLY THE ORDERS OF THE REVENUE AUTHORITIES AS WELL AS THE GROUNDS RAISED BY THE ASSESSE E ALONGWITH ORDER DATED 25.6.2009 OF THE ITAT, DELHI BENCHES PASSED IN ASSESSEE S OWN CASE FOR THE ASSTT. YEAR 2000 - 01, 2001 - 02 AND 2002 - 03 IN ITA NO. 2782/DEL/2004 & ORS. WE FIND THAT AT THE TIME OF HEARING BOTH THE COUNSELS HAVE AGREED THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL IS COVERED AGAINST THE ASSESEE BY THE AFORESAID TRIBUNAL S DECISION. THEREFORE, RESPECTFULLY FOLLOWING THE PRECEDENT AS ABOVE, WE DISMISS TH E APPEAL OF THE ASSESSEE. ITA NO. 3057/ DEL/ 2013 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE O PEN C OURT ON 03/11/2014, UPON CONCLUSION OF HEARING. SD/ - SD/ - [ T.S. KAPOOR ] [ H.S. SIDHU ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 03 / 11 /201 4 SRBHATNAGAR COPY FORWARDED TO: - 1. APPELLANT - 2. RESPONDENT - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES ITA NO. 3057/ DEL/ 2013 4