M/s. Dinamalar, CHENNAI V. ACIT, Tirunelveli

ITA 3121/CHNY/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6414 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 8 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 22-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 08-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABIJIT RAKSHIT
• Assessee Lawyers: ARJUN RAJ CA SHRI SRIDHAR
• Keywords: Depreciation

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI [ , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBE R ./ ITA NO.3121/CHNY/2016 [ [ /ASSESSMENT YEAR: 2010-11 M/S. DINAMALAR, 5D, TRIVANDRUM ROAD, TIRUNELVELI 627 003. VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, TIRUNELVELI. [PAN: AAAFD 6640H] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI ARJUN RAJ, CA FOR SHRI SRIDHAR, ADVOCATE /RESPONDENT BY : SHRI ABIJIT RAKSHIT, JCIT /DATE OF HEARING : 20.06.2019 / DATE OF PRONOUNCEMENT : 31.07.2019 / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER : THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, CHENNAI, IN ITA NO.0124/2015-16 DATED 12.09.2016 FOR THE ASSESSMENT YEAR (AY) 2010- 11. ITA NO.3121/CHNY/2016 :- 2 -: 2. M/S. DINAMALAR, THE ASSESSEE, A FIRM, IS ENGAGED IN THE BUSINESS OF PUBLISHING TAMIL DAILY CALLED DINAMALAR. THE ONLY ISSUE IN THIS APPEAL IS THAT WHILE MAKING THE ASSESSMENT FOR AY 2010-11, THE ASSESSING OFFICER (AO) RESTRICTED THE CLAIM OF DEPRECIATION FROM 60% TO 15% ON CERTAIN COMPUTER PERIPHERALS/ATTACHMENTS. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED AN APPEAL BEFORE CIT(A). THE LD. CIT(A) DISMISSED THE APPEAL FOLLOWING THE DECISION OF THE HON'BLE TRIBUNAL IN ITA NO.2829/MDS/2013 DATED 14.01.2016 IN THE ASSESSEES OWN CASE FOR AY 2011-12. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED THIS APPEAL. 3. THE LD. AUTHORISED REPRESENTATIVE OF ASSESSEE FAIRLY SUBMITTED THAT THE IMPUGNED ISSUE IS DECIDED AGAINST IT BY THIS ITAT. HE DID NOT PRESS THE OTHER GROUNDS OF APPEAL AND TO THAT EXTENT HE MADE DUE ENDORSEMENT IN THE RECORD. 4. WE HEARD THE RIVAL SUBMISSIONS AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. ON SIMILAR ISSUE, THIS TRIBUNAL HAS DECIDED AGAINST THE ASSESSEE IN ITS CASE IN ITA NO.2829/MDS/2013 DATED 14.01.2016 FOR AY 2011-12. SINCE THERE IS NO VARIATION IN THE FACTS AND IN LAW, THEREFORE, FOLLOWING THE ABOVE ORDER, THE ASSESSEES APPEAL IS DISMISSED. SINCE, ITA NO.3121/CHNY/2016 :- 3 -: THE LD AR HAS NOT PRESSED THE OTHER GROUNDS OF APPEAL, THEY ARE TREATED AS WITHDRAWN AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JULY, 2019 IN CHENNAI. SD/- SD/- ( [ ) (GEORGE MATHAN) /JUDICIAL MEMBER ( . ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, /DATED: 31 ST JULY, 2019 . EDN, SR. P.S /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. [ /GF