Smt. Sujata Pani, Dhenkanal V. ITO, Dhenkanal Ward, Dhenkanal

ITA 396/CTK/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5635 (ITAT-CUTTACK)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 17-05-2018
• Assessment Year: 2012-2013
• Appeal Filed On: 12-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN
• Assessee Lawyers: P K SAHOO
• Keywords: Depreciation
• Section: 263

Judgement Text

1 ITA NO.396/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 396 /CTK/201 7 ASSESSMENT YEAR : 201 2 - 2013 SMT. SUJATA PANI, C /O T.P.SATPATHY, GOLDEN STREET, KUNJAKANTA, DHENKANAL. VS. ITO, DHENKANAL. PAN/GIR NO. AKQPP 5327 B (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI P.K.SAHOO, AR REVENUE BY : SHRI D.K.PRADHAN , DR DATE OF HEARING : 1 7 / 0 5 / 201 8 DATE OF PRONOUNCEMENT : 17 / 0 5 / 201 8 O R D E R PER N.S.SAINI, AM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) - 2, BHUBANESWAR DATED 31.8.2017 FOR THE ASSESSMENT YEAR 2012 - 2013. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT THE CIT(A) ERRED IN CONFIRMING THE DEPRECIATION RATE @ 15% INSTEAD OF 30% CHARGED BY THE ASSESSEE ON TANKER IS CONTRARY TO INCOME TAX AS RATE OF DEPRECIATION ON MOTOR CAR RUNNING FOR HIRE PURPOSES IS 30%. 2 ITA NO.396/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 3. IN PURSUANCE TO ORDER UNDER SECTION 263 OF THE ACT, THE ASSESSING OFFICER REQUIRED THE ASSESSEE TO PRODUCE EVIDENCE IN RESPECT OF CLAIMING OF HIGHER RATE OF DEPRECIATION I.E. 30% OF THE WDV OF THE TANKER. BEFORE THE ASSESSING OFFICER, THE ASSESSEE COULD NOT SUBMIT ANY EVIDENCE. THEREFORE, THE ASSESSING OF FICER HELD THAT THE ASSESSEE WILL BE ENTITLED TO DEPRECIATION @ 15% AS AGAINST HIGHER RATE OF DEPRECIATION @ 30% AND, THEREFORE, DISALLOWED EXCESS DEPRECIATION OF RS.1,52,827/ - AND ADDED THE SAME TO THE INCOME OF THE ASSESSEE. 4. ON APPEAL, THE CIT(A) CONF IRMED THE ACTION OF THE ASSESSING OFFICER AS THE ASSESSEE FAILED TO PRODUCE ANY EVIDENCE THAT THE TANKERS ARE BEING USED FOR TRANSPORTATION OF OIL FROM DEPOT TO PETROL PUMP. 5. BEFORE US, LD A.R. COULD NOT FILE ANY EVIDENCE TO SHOW THAT THE TANKER WAS USED BY THE ASSESSEE IN THE BUSINESS OF RUNNING THEM ON HIRE. HENCE, WE FIND NO INFIRMITY IN THE ORDER OF THE CIT(A), WHICH IS HEREBY CONFIRMED AND GROUND OF APPEAL OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRO NOUNCED ON 17 / 0 5 /201 8 . S D/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 17 / 0 5 /201 8 B.K.PARIDA, SPS 3 ITA NO.396/CTK/2017 ASSESSMENT YEAR : 2012 - 2013 COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : SMT. SUJATA PANI, C/O T.P.SATPATHY, GOLDEN STREET, KUNJAKANTA, DHENKANAL 2. THE RESPONDENT. ITO, DHENKANAL. 3. THE CIT(A) - 2, BHUBANESWAR 4. PR.CIT - 2, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//