ACIT, Jaipur V. ANAMIKA CONDUCTORS LTD., Jaipur

ITA 419/JPR/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99468 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PUROSHOTTAM KASHYAP
• Assessee Lawyers: G M MEHATA
• Keywords: Depreciation

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA- @ ITA NO. 419/JP/2014 FU/KZKJ.K O'K Z @ ASSESSMENT YEARS : 2009-10 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR. CUKE VS. M/S ANAMIKA CONDUCTORS LTD., B-129, RAJENDRA MARG, BAPU NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCA 5681 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI PUROSHOTTAM KASHYAP (ADDL. CIT) FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI G.M. MEHATA (CA) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 03/11/2015 MN?KKS'K .KK DH RKJH[ K@ DATE OF PRONOUNCEMENT : 06/11/2015 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M.: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 19/03/2014 PASSED BY THE LD CIT(A)-II JAIPUR FOR A.Y . 2009-10. THE RESPECTIVE GROUNDS OF APPEAL ARE REPRODUCED AS UNDE R:- 1 (I) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCE S OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING ADDIT ION OF ITA 419/JP/2014_ ACIT VS. M/S ANAMIKA CONDUCTORS LTD. 2 RS. 20,41,574/- MADE BY THE A.O. ON ACCOUNT OF DISALLOWANCE OF EXCESS DEPRECIATION CLAIMED ON WIND TURBINE GENERATOR MACHINE. (II) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN HOLDING THAT DEPRECIATION @ 80% HAS TO BE ALLOWED ON ELECTRICAL INSTALLATION AND CIVIL WORK RELATING TO WIND MILL WIT HOUT APPRECIATING THAT DEPRECIATION @ 80% IS ALLOWABLE ON WIND TURBINE GENERATOR MACHINE AND NOT ON ELECTRICAL FITT ING AND BUILDING ETC. 2. AT THE VERY OUTSET, THE LD COUNSEL FOR THE ASSES SEE HAS STATED THAT THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE ASSE SSEE BY THE ORDER OF THE HONBLE ITAT, JAIPUR BENCH, JAIPUR FOR A.Y. 2005 -06 IN ITA NO. 852/JP/2009 DATED 31/3/2010 AND FOR A.Y. 2007-08 IN ITA NO. 1021/JP/2011 DATED 15/3/2012. THE RELEVANT OBSERVATI ON OF THE HONBLE BENCH IN ITA NO. 1021/JP/2011 IS AS UNDER:- 5. AFTER CONSIDERING THE ORDERS OF THE AO AND LD. C IT (A) AND SUBMISSIONS OF THE LD. COUNSEL OF THE ASSESSEE, WE FIND THAT ISSUE IS SQUARELY COVERED BY THE DECISION OF TRIBUNAL FOR ASSESSMENT YEAR 2005-06 AND ALSO FOR A.Y. 2004-05. IN FACT, FOR ASSESSMENT YEAR 2005-06 SIMILAR DISALLOWANCE WAS MADE BY AO. T HE LD. CIT (A) DELETED THE DISALLOWANCE FOLLOWING THE ORDER OF TRIBUNAL IN CASE OF M/S. VIJAY INDUSTRIES DECIDED IN ITA NOS. 7 31 AND 745/JP/2007 DATED 18.7.2008. ON SECOND APPEAL BY D EPARTMENT BEFORE THE TRIBUNAL, THE TRIBUNAL HAS CONFIRMED THE ORDER OF LD. ITA 419/JP/2014_ ACIT VS. M/S ANAMIKA CONDUCTORS LTD. 3 CIT (A) BY HOLDING THAT ON SIMILAR FACTS THE ISSUE HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE IN CASE OF M/S. VIJAY IND USTRIES (SUPRA). THE LD. CIT (A) FOR THE YEAR UNDER CONSIDERATION AL LOWED THE ISSUE IN FAVOUR OF THE ASSESSEE FOLLOWING THE ORDER OF TR IBUNAL FOR ASSESSMENT YEAR 2005-06 AND OTHER ORDER OF TRIBUNAL IN CASE OF M/S. VIJAY INDUSTRIES (SUPRA). SINCE ISSUE IS SQUA RELY COVERED BY THE ORDER OF TRIBUNAL FOR ASSESSMENT YEAR 2005-06 IN CASE OF ASSESSEE ITSELF, THEREFORE, WE SEE NO REASON TO INT ERFERE WITH THE FINDING OF LD. CIT (A). ACCORDINGLY WE CONFIRM HIS ORDER ON THIS ISSUE ALSO. 3. IN LIGHT OF ABOVE, SINCE THE ISSUE IS SQUARELY C OVERED BY THE ORDERS OF THE COORDINATE BENCH PASSED FOR A.Y. 2005-06 & 2 007-08, WE SEE NO REASON TO INTERFERE WITH THE ORDER OF THE LD CIT(A), ACCORDINGLY THE SAME IS UPHELD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/11/2015. SD/- SD/- VKJ-IH-RKSYKUH FOE FLAG ;K NO (R.P.TOLANI) (VIKRAM SINGH YAD AV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 06 TH NOVEMBER, 2015 ITA 419/JP/2014_ ACIT VS. M/S ANAMIKA CONDUCTORS LTD. 4 * RANJAN VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CIRCLE-6, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- M/S ANAMIKA CONDUCTORS LTD., JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 419/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR