ITO, Kota V. KRISHI UPAJ MANDI SAMITI, Kota

ITA 421/JPR/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1548 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 05-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D C SHARMA
• Assessee Lawyers: ANURAG KALAVATIYA
• Keywords: Depreciation

Judgement Text

1 ITA 421-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH : A JAIPUR. BEFORE SHRI B.R. MITTAL AND SHRI B.R. JAIN ITA NO. 421/JP/2011 ASSTT. YEAR : 2003-04. THE INCOME-TAX OFFICER, VS. KRISHI UPAZ MANDI SAM ITI, WARD 1(1), KOTA. RAMGANJMANDI, DISTT. KOTA. PAN : AAALK0400A. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.C. SHARMA RESPONDENT BY : SHRI ANURAG KALAVATIYA DATE OF HEARING : 23.01.2013. DATE OF PRONOUNCEMENT : 23.01.2013. ORDER PER B.R. JAIN, A.M. THIS APPEAL BY REVENUE AGAINST THE ORDER DATED 28. 02.2011 OF LD. CIT (A), KOTA RAISES THE SOLITARY GROUND AS UNDER :- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , LD. CIT (A) HAS ERRED IN DIRECTING TO DELETE DEPRECIATION ON ASSETS OF RS . 44,98,486/- ESPECIALLY WHEN THE SAME WAS ALREADY ALLOWED AS APPLICATION OF INCOME WITH THE GRANT OF REGISTRATION U/S 12AA(1) OF THE I.T. ACT, 1961. 2. HEAD PARTIES WITH REFERENCE TO MATERIAL ON RECOR D. THE PERUSAL OF IMPUGNED ORDER REVEALS THAT ASSESSEES GROUND NO. 8 TAKEN BEFORE L D. CIT (A) WAS TREATED AS INFRACTUOUS. THE ASSESSEE IS NOT SHOWN TO BE IN APPEAL NOR IN CR OSS OBJECTION. THE REVENUE HAS ALSO NOT SHOWN AS TO HOW THEY ARE AGGRIEVED WITH THE ORD ER OF LD. CIT (A) IN THAT RESPECT. UNDER THESE FACTS AND AS THE GROUND OF THE ASSESSEE WAS TREATED AS INFRACTUOUS, THE GROUND 2 IN APPEAL RAISED BY REVENUE IS NOT MAINTAINABLE. T HE SAME, THEREFORE, STANDS REJECTED. APPEAL OF THE REVENUE STANDS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 23.1. 2013 SD/- SD/- ( B.R. MITTAL ) ( B. R. JAIN ) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 23/01/2013. D/- COPY FORWARDED TO :- THE ITO WARD 1(1), KOTA. KRISHI UPAZ MANDI SAMITI, RAMGANJMANDI, KOTA. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 421/JP/2011) BY ORDER, AR ITAT JAIPUR.