NIRU EXPORTS, MUMBAI V. ACIT (OSD-1) C.R 7, MUMBAI

ITA 3346/MUM/2010

• Counselvise Citation: 334619914 RSA 2010
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 16-06-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 29-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

1 ITA NO.3346/MUM/2010 M/S NIRU EXPORTS IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI H BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI N.V. VASUDEVAN, JM & SHRI R K PANDA, AM ITA NO. 3346/MUM/2010 (ASST YEAR 2006-07) M/S NIRU EXPORTS, 112/115, THE JEWEL TATA ROAD NO. 2, OPERA HOUSE, MUMBAI 400 004 PAN AACFN 2800K VS ACIT (OSD-1) C.R. 7, AAYAKAR BHAWAN, M.K. MARG, MUMBAI -20. (APPELLANT) (RESPONDENT) APPELLANT B Y SHRI VIJAY H. PATIL RESPONDENT BY SHRI GOLI SRINIVAS RAP PER R K PANDA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 06.01.2010 OF THE CIT(A)- 40, MUMBAI RELATING TO A SSESSMENT YEAR 2006-07. 2. THE ASSESSEE IN ITS ONLY GROUND OF APPEAL HAS CH ALLENGED THE ORDER OF THE LD. CIT(A) IN CONFIRMING THE DISALLOWANCE OF DE PRECIATION AMOUNTING TO ` 3,09,408/- MADE BY THE A.O. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET F AIRLY CONCEDED THAT THE GROUND RAISED BY THE ASSESSEE IS DECIDED AGAINST TH E ASSESSEE BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO. 3254/M/2010 ORDER DATED 27.4.2011 FOR A.Y. 2007-08. THE TRIBUN AL IN THE SAID ORDER HAS HELD THAT DEPRECIATION CANNOT BE GRANTED FOR THE PL ANT AND MACHINERY WHICH HAS NOT BEEN ACTUALLY USED IN THE BUSINESS OF THE A SSESSEE. IN VIEW OF THE ABOVE SUBMISSION OF THE LD. COUNSEL FOR THE ASSESSE E AND IN ABSENCE OF ANY OBJECTION BY THE LD. D.R., THE GROUND RAISED BY THE ASSESSEE IS DISMISSED. 2 ITA NO.3346/MUM/2010 M/S NIRU EXPORTS 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E. ON 16.6.11. SD/- (N.V. VASUDEVAN) JUDICIAL MEMBER SD/- ( R K PANDA ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED: 16.06.2011 RK COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT(A) 40 MUMBAI 4 CIT CENTRAL II, MUMBAI 5 DR BENCH H 6 MASTER FILE /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI 3 ITA NO.3346/MUM/2010 M/S NIRU EXPORTS DRAFT DICTATED ON 17.6.11 SR PS 2 DRAFT PLACED BEFORE AUTHOR ON 20.6.11 SR P S 3 DRAFT PROPOSED & PLACE BEFORE THE 2 ND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY 2 ND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR PS 7 FILE SENT TO THE BENCH CLERK SR PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DESPATCH SR PS