GLOBAL E SERVICES P. LTD, MUMBAI V. ADDL CIT 9(1), MUMBAI

ITA 4231/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1103 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-07-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 10-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANURAG PRASAD
• Assessee Lawyers: D C BOTHRA
• Keywords: Business income; Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI V. DURG A RAO, JM I.T.A.NO. 4231/MUM/2009 ASSESSMENT YEAR: 2006-07 M/S. GLOBAL E SERVICES PVT. LTD., C/O. D.C. BOTHRA & CO., (C.A), 297, TARDEO ROAD, WILLIE MANSION, LST FLOOR, OPP. BANK OF INDIA, NANACHOWK, MUMBAI 400 007. PAN: AAACT 5168 P VS. THE ADDL. COMMISSIONER OF INCOME- TAX -9(1), AAYAKAR BHAVAN, R.NO. 262, 2 ND FLOOR, M.K. ROAD, MUMBAI 400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.C. BOTHRA RESPONDENT BY : SHRI ANURAG PRASAD O R D E R PER J. SUDHAKAR REDDY, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 18.05.2009 OF THE COMMISSIONER OF INCOME-TAX(APPEAL S)-IX, MUMBAI, FOR THE ASSESSMENT YEAR 2006-07. 2. THE ONLY GROUND RAISED BY THE ASSESSEE READS AS UND ER: THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. ASSESSING OFFICER AND ALSO LD. CIT(A) BOTH HAVE ERR ED IN NOT ALLOWING THE CLAIM OF DEPRECIATION OF RS. 2,73,659/- ON NEWLY CO NSTRUCTED I.T. PARK & CALL CENTRE BUILDINGS WHICH UNDISPUTEDLY ARE WHOLLY OWNED & BEING USED FOR THE BUSINESS PURPOSES, DESPITE FURNISHING THE C LAIM OF DEPRECIATION IN ASSESSMENT PROCEEDING & INCOME FROM WHICH HAVE BEEN OFFERED AND ALSO ASSESSED UNDER BUSINESS INCOME HEAD. 2. WE HAVE HEARD SHRI D.C. BOTHRA, LEARNED COUNSEL FO R THE ASSESSEE AND SHRI ANURAG PRASAD, LEARNED DEPARTMENTAL REPRESENTATIVE. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS FILED A COPY OF THE TRIBUNAL ORD ER IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2003-04 IN ITA NO. 5059/MUM /08 DECIDED ON 22.12.2009 WHEREIN SIMILAR ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE. WE FIND THAT THE ISSUE OF ALLOWANCE OF DEPRECIATION ON NEWLY CONSTRU CTED BUILDING USED FOR BUSINESS OF I.T. PARK AND CALL CENTRE HAS COME UP BEFORE TH IS BENCH IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2003-04 & 2005-06 IN ITA NOS. 5059 & ITA NO.4231/M/09 M/S. GLOBAL E SERVICES P.LTD. 2 5060/M/2008 AND THE ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE. THE ASSESSEE HAS CARRIED THE MATTER IN APPEAL BEFORE THE HONBL E HIGH COURT. THE ASSESSEE HAS ALSO FILED COPIES OF THE APPEAL MEMO BEFORE THE HIG H COURT AS WELL AS THE GROUNDS OF APPEAL. AS THE TRIBUNAL HAS ALREADY TAKEN A VIEW AGAINST THE ASSESSEE IN ITS OWN CASE ON THE VERY SAME ISSUE IN EARLIER ASSESSMENT Y EARS, CONSISTENT WITH THE VIEW THEREIN, WE UPHOLD THE ORDER OF THE FIRST APPELLATE AUTHORITY. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF JULY, 2010. SD. SD. (V. DURGA RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED THE 16 TH JULY, 2010. KN COPY TO: 1. THE ASSESSEE 2. THE REVENUE 3. THE CIT -IX, MUMBAI. 4. THE CIT(A)-IX, MUMBAI 5. THE DR G BENCH, MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR, ITAT, MUMBAI ITA NO.4231/M/09 M/S. GLOBAL E SERVICES P.LTD. 3