DCIT, New Delhi V. M/s. Samtel Color Ltd, New Delhi

ITA 3734/DEL/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 6887 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 07-03-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 05-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KISHORE B
• Assessee Lawyers: D C GARG
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G BEFORE HONBLE VICE PRESIDENT SHRI G.E.VEERABHADRAP PA AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA NO.3734DEL/2010 ASSTT.YEAR: 2007-08 DY. C.I.T. VS M/S SAMTEL COLOR LTD., CIR. 7(1), NEW DELHI. 6 TH FLOOR, TDI CENTRE, DISTT.CENTRE, JASOLA, NEW DELHI. (PAN: AAACS6589D) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI KISHORE B, DR RESPONDENT BY: SHRI D.C.GARG, CA O R D E R PER G.E.VEERABHADRAPPA, V.P. THIS APPEAL BY THE REVENUE ARISES FROM THE ORDER DA TED 26.05.2010 OF THE CIT (APPEALS) FOR THE ASSESSMENT YEAR 2007-08. 2. THE ONLY DISPUTE IN THE REVENUES APPEAL RELATE S TO DELETION OF THE ADDITION OF RS 1,57,76,084/- MADE BY THE A.O ON ACC OUNT OF DEPRECIATION ON DEFLECTION YOKE DIVISION. 3. THE ASSESSEE IS ONE OF THE LEADING MANUFACTURIN G COMPANY IN INDIA TO MANUFACTURE COLOR PICTURE TUBES FOR COLOR TELEVISIO N, COLOR GUN/HEATER & CATHODES FOR COLOR GUN & DEFLECTION YOKE FOR COLOR PICTURE TUBES IN DIFFERENT SIZE. DURING THE YEAR UNDER CONSIDERATION, THERE IS NO CHANGE IN THE NATURE OF ITA NO.3734/DEL/2010 2 BUSINESS OF THE ASSESSEE AS COMPARED TO THE IMMEDIA TE PRECEDING PREVIOUS YEAR. THE ISSUE UNDER CONSIDERATION CAME BEFORE THE CIT(A) FOR 2006-07 WHEREIN DISALLOWANCE MADE BY THE AO WAS DELETED. AS PER IMPUGNED ORDER, IT IS ALSO SEEN THAT THIS ISSUE IS REPETITIVELY COM ING EVERY YEAR SINCE ASSESSMENT YEAR 2003-04 AND DISALLOWANCE WAS BEING DELETED IN FIRST APPEAL AS WELL AS BY THE TRIBUNAL. THE CIT(A) AS COULD BE SEEN, HAS ONLY FOLLOWED THE DECISION OF THE TRIBUNAL ON THIS ISSUE IN THE A SSESSEES OWN CASE IN ITA NO. 941, 942, 1796/DEL/2008 AND ITA NO. 2262/DEL/20 09 FOR THE ASSESSMENT YEARS 2003-04, 2004-05, 2005-06 AND 2006 -07 DATED 18.12.2009 WE DECLINE TO INTERFERE. THE SAME IS UPHELD. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. PRONOUNCED IN OPEN COURT ON 22.10.2010 SD/- SD/- (RAJPAL YADAV) (G.E.VEERABHADRAPPA) JUDICIAL MEMBER VICE PRESIDENT DATED: OCTOBER 22 ,2010. DRS COPY OF ORDER FORWARDED TO: 1. DY.CIT, CIR. 7(1), NEW DELHI. 2. M/S SAMTEL COLOR LTD., 6 TH FLOOR, TDI CENTRE, DISTT. CENTRE, JASOLA, NEW DELHI. 3. CIT 4. CIT(A)-X, NEW DELHI. 5. DR DY.REGISTRAR, ITAT