SUNSOLAR RENEWABLE ENERGY PVT LTD., MUMBAI V. DCIT-3(3)(1), MUMBAI

ITA 4171/MUM/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8935 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 09-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.4171/M/2019 Assessment Year: 2015-16 M/s. Sunsolar Renewable Energy Pvt. Ltd., 211, 21 st Floor, Maker Tower-F, Cuffe Parade, Mumbai – 400 005 PAN: AADCR8964L Vs. Dy. Commissioner of Income Tax, Circle -3(3)(1), Room No.609, 6 th Floor, Aayakar Bhavan, M.K. Road, Mumbai - 400020 (Appellant) (Respondent) Present for: Assessee by : None Revenue by : Shri Hoshang B. Irani, D.R. Date of Hearing : 14.02.2022 Date of Pronouncement : 14.02.2022 O R D E R Per Kuldip Singh, Judicial Member: The Appellant, M/s. Sunsolar Renewable Energy Pvt. Ltd. (hereinafter referred to as ‘the assessee’) by filing the present appeal sought to set aside the impugned order dated 23.04.2019 passed by the Commissioner of Income-tax (Appeals)-8, Mumbai [hereinafter referred to as the CIT(A)] for A.Y. 2015-16 on the grounds inter alia that:- ITA No.4171/M/2019 M/s. Sunsolar Renewable Energy Pvt. Ltd. 2 “1. The learned CIT (Appeals) has erred in law and on the facts of the case in sustaining the order of the assessing officer disallowing Rs.14,59,562/- on account of branding/marketing expenses. 2. The learned CIT(Appeals) has erred in law and on the facts of the case in disallowing depreciation of Rs.2,93,918/-” 2. None appeared on behalf of the assessee. However, the Ld. D.R., at the outset, brought to our notice that the assessee has opted for Vivad Se Vishwas Scheme and has brought on record form No.3 issued by the revenue authorities. 3. In view of the matter, the present appeal of the assessee is dismissed having been become infructuous. Order pronounced in the open court on 14.02.2022. Sd/- Sd/- (M. BALAGANESH) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 14.02.2022. * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The CIT (A) Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.