ALPHA HITECH FUEL LTD, MUMBAI V. ITO 10(3)(4), MUMBAI

ITA 3594/MUM/2010

• Counselvise Citation: 359419914 RSA 2010
• Duration Of Justice: 3 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-11-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 06-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K SINGH
• Assessee Lawyers: MEET THAKKAR
• Keywords: Depreciation; Unabsorbed depreciation

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE S/SHRI B.R.MITTAL,(JM) AND RAJENDRA (AM) . . , , ./I.T.A. NO.3594/MUM/2010 ( / ASSESSMENT YEAR : 2006-07) M/S ALPHA HI - TECH FUEL LTD., 7/C, POORNIMA, 503, M.G.ROAD, MULUND (W), MUMBAI-400080. / VS. INCOME TAX OFFICER 1 0 (3)( 4 ), MUMBAI. ( & / APPELLANT) .. ( ' & / RESPONDENT) ./ ./PAN/GIR NO. : AAACA4258P & / ASSESSEE BY : SHRI MEET THAKKAR ' & * /RESPONDENT BY : SHRI K. SINGH * - / DATE OF HEARING : 7.11.2013 * - /DATE OF PRONOUNCEMENT : 7.11.2013 / O R D E R PER B.R.MITTAL, JM: THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT Y EAR 2006-07 AGAINST EX-PARTE ORDER OF LD. CIT(A) DATED 26.2.2010 ON FOLLOWING GR OUNDS : THE LD. CIT(A) HAS ERRED IN CONFIRMING THE DECISI ON OF AO IN HOLDING THAT ; 1. SINCE THE UNABSORBED DEPRECIATION HAS ALREADY BEEN SET OFF IN THE ASSESSMENT FOR AY 2005-06, THERE IS NO AMOUNT LEFT FOR SET OFF IN THE YEAR UNDER CONSIDERATION; 2. DEDUCTION U/S 80IA/80JJA CANNOT BE ALLOWED SINCE IT HAS ALREADY BEEN REJECTED IN THE ASSESSMENT U/S 143(3). 2. AT THE TIME OF HEARING, ON BEHALF OF THE ASSESSE E, AN APPLICATION FOR ADJOURNMENT IS FILED. CONSIDERING THE FACTS OF THE CASE, THE REQUEST FOR ADJOURNMENT IS REJECTED. 3. WE OBSERVE THAT THE LD. CIT(A) HAS PASSED EX-PA RTE ORDER CONFIRMING THE ACTION OF AO AS THE ASSESSEE FAILED TO APPEAR BEFORE HIM . AFTER CONSIDERING THE SUBMISSIONS OF LD. REPRESENTATIVES OF BOTH THE PARTIES, WE, IN THE INTEREST OF JUSTICE, SET ASIDE THE EX- PARTE ORDER OF LD. CIT(A) AND RESTORE THE ISSUE TO HIS FILE WITH A DIRECTION TO DECIDE THE I.T.A. NO.3594/MUM/2010 2 ISSUE AFRESH AFTER GIVING DUE OPPORTUNITY OF HEARIN G TO THE PARTIES AND CONSIDERING SUCH EVIDENCES AS MAY BE RELIED UPON BY HIM SUBJECT TO THE PAYMENT OF COST OF RS.2,500/- BY THE ASSESSEE. HENCE, WE SET ASIDE THE ORDER OF LD. CIT(A) AND RESTORE THE ISSUE TO HIS FILE WITH A DIRECTION TO DECIDE THE SAME AFRESH BY A REASONED ORDER AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE PARTIES SUBJECT TO PA YMENT OF COST OF RS.2,500/- BY THE ASSESSEE. WE MAY STATE THAT IF THE ASSESSEE FAILS TO FURNISH THE REQUISITE DETAILS BEFORE LD. CIT(A) AND /OR FAILS TO CO-OPERATE, LD. CIT(A) WILL BE AT LIBERTY TO DECIDE THE ISSUE ON THE BASIS OF MATERIAL AVAILABLE BEFORE HIM. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES SUBJECT TO PAYMENT OF COST OF RS.2,500/-. ORDER PRONOUNCED IN THE OPEN COURT ON THE 7 TH NOVEMBER, 2013 * 1 2 7TH NOVEMBER, 2013 * SD SD ( / RAJENDRA) ( . . /B.R.MITTAL) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI: . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. & / THE APPELLANT 2. ' & / THE RESPONDENT. 3. 6 ( ) / THE CIT(A)- CONCERNED 4. 6 / CIT CONCERNED 5. 7 '9 , - 9 , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) - 9 , /ITAT, MUMBAI