DCIT (OSD) 2(3), MUMBAI V. SINDHU RESETTLEMENT CORPORATION LTD, MUMBAI

ITA 3549/MUM/2013

• Counselvise Citation: 354919914 RSA 2013
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 06-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEIL PHILIPDR
• Assessee Lawyers: RAJNIKANT CHANIYARI
• Keywords: Depreciation
• Section: 154

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.3549/MUM/2013 ASSESSMENT YEAR:2009-10 DCIT(OSD)2(3), ROOM NO.552, 5 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI-400020 / VS. M/S SINDHU RESETTLEMENT CORPORATION LTD. 2 ND FLOOR, PNB HOUSE, SIR, P.M. ROAD, FORT, MUMBAI-400001 ( / RR REVENUE) ( /ASSESSEE) P.A. NO. AAACS6525P / REVENUE BY SHRI NEIL PHILIP-DR / ASSESSEE BY): SHRI RAJNIKANT CHANIYARI ! / DATE OF HEARING : 20/02/2015 ! /DATE OF ORDER 02/03/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) : THE REVENUE IS AGGRIEVED BY THE IMPUGNED ORDER DATE D 14/02/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, ON THE GROUND THAT THE LD. COMMISSIONER OF INCOME TAX (AP PEALS) ERRED IN DIRECTING THE ASSESSING OFFICER WHILE DECIDING T HE ISSUE OF DEPRECIATION ARISING OUT OF CAPITALIZATION, OR LOOK ING THE CRUCIAL M/S SINDHU RESETTLEMENT CORPORATION LTD , 2 FACTS THAT WITH EFFECT FROM 01/06/2001 SETTING ASID E IS NOT PERMISSIBLE IGNORING THE PROVISION OF SECTION 250(4 ) OF THE ACT. 2. AT THE TIME OF HEARING, WE HAVE HEARD, SHRI NEIL PHILIP, LD. DR, AND SHRI RAJNIKANT CHANIYARI, LD. COUNSEL FOR T HE ASSESSEE. DURING HEARING OF THIS APPEAL ON 10/02/2015, IT WAS POINTED BY THE LD. COUNSEL FOR THE ASSESSEE THAT APPLICATION U /S 154 OF THE ACT IS PENDING BEFORE THE ASSESSING OFFICER. THE LD . DR, WAS DIRECTED THAT THE ASSESSING OFFICER SHOULD DECIDE T HE APPLICATION OF THE ASSESSEE AT THE EARLIEST. TODAY, AT THE TIM E OF HEARING, THE LD. DR, CLAIMED THAT THE APPLICATION OF THE ASSESSE E HAS BEEN DISPOSED OFF BY THE LD. ASSESSING OFFICER. IN VIEW OF THESE FACTS AND WITHOUT GOING INTO MUCH DELIBERATIONS, NO GRIEV ANCE REMAINS, CONSEQUENTLY, THE APPEAL OF THE REVENUE, A S AGREED BY BOTH SIDES, IS DISMISSED AS IN-FRUCTUOUS. FINALLY, THE APPEAL OF THE REVENUE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES, AT THE CONCLUSION OF THE HEARING, ON 20/02/2015 . SD/ - (RAJENDRA) SD/ - (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER MUMBAI; $ DATED :02/03/201 5 F{X~{T? P.S/. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. &' () / THE APPELLANT 2. *+() / THE RESPONDENT. 3. , , - ( &' ) / THE CIT, MUMBAI. 4. , , - / CIT(A)- , MUMBAI M/S SINDHU RESETTLEMENT CORPORATION LTD , 3 5. /01 *2 , , &' ! &23 , / DR, ITAT, MUMBAI 6. 14 5 / GUARD FILE. / BY ORDER, +/' * //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI