GLOBAL e SERVICES P.LTD, MUMBAI V. ASST CIT 9(1), MUMBAI

ITA 3758/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71510 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 05-11-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K SAHU
• Keywords: Business income; Depreciation; Question of law

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'G' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO. 3758/MUM/2012 (ASSESSMENT YEAR: 2009-10) M/S GLOBAL E SERVICES P. LTD. ACIT, RANGE ((1) C/O D.C. BOTHRA & CO. (C.A.) ROOM NO. 262, 2ND FLOO R 297, TARDEO ROAD, WILLIE MANSION VS. AAYAKAR BHAVAN, M.K. ROAD NANA CHOWK, MUMBAI 400007 MUMBAI 400020 PAN - AAACT5168P APPELLANT RESPONDENT APPELLANT BY: SHRI RAJKUMAR SINGH RESPONDENT BY: SHRI R.K. SAHU DATE OF HEARING: 05.11.2013 DATE OF PRONOUNCEMENT: 05.11.2013 O R D E R PER D. MANMOHAN, V.P. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 16.04.2013 PASSED BY CIT(A)-19, MUMBAI AND IT PERTA INS TO A.Y. 2009-10. 2. THE ONLY GROUND URGED BY THE ASSESSEE READS AS UNDE R: - THAT ON FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. ASSESSING OFFICER AND ALSO THE LD. CIT(A) BOTH HAVE ERRED IN NOT ALLOWING THE CLAIM OF DEPRECIATION OF RS.96,14,681/ - ON NEWLY CONSTRUCTED I.T. PARK & CALL CENTRE BUILDINGS WHICH UNDISPUTEDLY ARE WHOLLY OWNED & BEING USED FOR THE BUSINESS PURPOSES , DESPITE FURNISHING THE CLAIM OF DEPRECIATION IN ASSESSMENT PROCEEDING & INCOME FROM WHICH HAVE BEEN OFFERED & ALSO ASSESSED UNDER BUSINESS INCOME HEAD. 3. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMITTED THAT THE ISSUE STANDS COVERED AGAINST THE ASSESSEE IN ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2007-08 AND 2008-09 ( ITA NO. 1630/MUM/2010 DATED 4 TH MAY, 2011 AND ITA NO. 5785/MUM/2011 DATED 25 TH SEPTEMBER, 2013). HOWEVER, IT WAS CONTENDED THAT T HE HON'BLE HIGH ITA NO. 3758/MUM/2012 M/S GLOBAL E SERVICES P. LTD. 2 COURT, VIDE ITS ORDER DATED 16 TH NOVEMBER, 2011, ADMITTED THE FOLLOWING QUESTION OF LAW AND THE JUDGEMENT IS AWAITED: - WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE TRIBUNAL WAS JUSTIFIED IN UPHOLDING THE ORDER O F THE CIT(A) AND THE ASSESSING OFFICER IN NOT ALLOWING THE APPELLANTS C LAIM OF DEPRECIATION OF RS.2,73,659/- ON BUILDINGS OWNED BY THE APPELLANT A ND USED FOR THE PURPOSE OF THE BUSINESS OF RUNNING AN I.T. PARK AND AN INTERNATIONAL CALL CENTRE ONLY BECAUSE THE SAID BUILDINGS WERE SH OWN AS STOCK-IN- TRADE IN THE BOOKS OF ACCOUNT? 4. IT IS NOT IN DISPUTE THAT AS ON TODAY THE ISSUE STA NDS SQUARELY COVERED AGAINST THE ASSESSEE IN THE LIGHT OF THE DECISIONS OF THE ITAT (SUPRA). SINCE THE VIEW TAKEN BY THE LEARNED CIT(A) IS CONSISTENT WITH THE VIEW TAKEN BY THE ITAT IN THE AFOREMENTIONED ASSESSMENT YEARS, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE LEARNED CIT(A). THEREFOR E, AS PRONOUNCED IN THE OPEN COURT, THE APPEAL FILED BY THE ASSESSEE COMPAN Y IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH NOVEMBER, 2013. SD/- SD/- (D. KARUNAKARA RAO) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 5 TH NOVEMBER, 2013 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 29, MUMBAI 4. THE CIT 9, MUMBAI CITY 5. THE DR, G BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.