GODFREY PHILIPS INDIA LTD, MUMBAI V. ADDL CIT 8(1), MUMBAI

ITA 415/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3437 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: G
• Next Hearing Date: 20-03-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 18-01-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: D K SINHA
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G , BENCH, MUMBAI , BEFORE SHRI R.K.GUPTA, JM & SHRI N.K.BILLAIYA , AM ITA NO . 415 / MUM/ 20 1 2 ( ASSESSMENT YEAR : 200 8 - 0 9 ) M/S GODFREY PHILLIPS INDIA LIMITED, SAHARA ROAD, CHAKALA, ANDHERI (EAST), MUMBAI - 400 09 9. VS. ADDL. CIT 8(1), MUMBAI . PAN/GIR NO. : A A BCG 4768 K ( APPELLA NT ) .. ( RESPONDENT ) /ASSESSEE BY : MR. YOGESH THAR /REVENUE BY : MR . D.K.SINHA DATE OF HEARING : 1 2 TH JUNE, 201 3 DATE OF PRONOUNCEMENT : 19 TH JUNE, 2013 O R D E R PER SHRI R.K.GUPTA, JM : TH IS APPEAL HA S BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 12 - 10 - 2011 PASSED BY THE LEANED CIT(A) - 1 6 , MUMBAI RELATING TO THE ASSESSMENT YEAR 200 8 - 0 9 . 2 . GROUND NO.1 IN APPEAL OF THE ASSESSEE IS AGAINST CONFIRMING THE ACTION OF THE AO IN DISALLOW ING 80% DEPRECIATION ON THE UNINTERRUPTED POWER SUPPLY ( UPS ) , WHICH IS EQUIVALENT TO RS. 1,40,535/ - 3 . THIS ISSUE IS COVERED BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FROM ASSESSMENT YEAR 2002 - 03 TO ASSESSMENT Y EAR 2007 - 08. COPIES OF THE ORDER OF THE TRIBUNAL ARE PLACED ON RECORD. ITA NO . 415 /201 2 2 THEREFORE, FOLLOWING THE ORDER OF THE TRIBUNAL FOR ASSESSMENT YEAR ON SIMILAR ISSUES, WE ALLOW THE CLAIM OF THE ASSESSEE IN THIS YEAR ALSO AS THE FACTS ARE SIMILAR. 4 . REMAINING ISSU E IS IN RESPECT TO DISALLOWANCE OF EXPENDITURE INCURRED ON LEAVE ENCASHMENT . 5 . THIS ISSUE HAS BEEN SET ASIDE TO THE FILE OF THE AO FOR EARLIER YEAR I.E. FOR ASSESSMENT YEAR 2003 - 04 TO ASSESSMENT YEAR 2007 - 08. ON THE SAME REASONING, THIS ISSUE IS ALSO SE T ASIDE FOR THE YEAR UNDER CONSIDERATION TO THE FILE OF THE AO TO PASS A FRESH ORDER IN THE LIGHT OF THE DIRECTION OF THE TRIBUNAL GIVEN IN EARLIER YEAR. WE ORDER ACCORDINGLY. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 19 TH DAY OF JUN . 2013 . SD/ - ( ) ( N.K.BILLAIYA ) SD/ - ( ) ( R.K.GUPTA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : / /2013 . /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) , MUMBAI. 4. / CIT 5. / DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// / BY ORDER, ( ASSTT. REGISTRAR) / ITAT, MUMBAI