M/s. Unimed Technologies Limited, Panchmahal V. The ACIT, Circle-2(1)(1), Baroda

ITA 455/AHD/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6288 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO. 455/AHD/2016 UNIMED TECHNOLOGIES LIMITED VS. ACIT A.Y. 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] I.T.A. NO.455/AHD/2016 ASSESSMENT YEAR : 2012-13 UNIMED TECHNOLOGIES LIMITED .....APPELLANT SURVEY NO. 22 & 24, BASKA, BASKA UJETI ROAD, UJETI HALOL, DIST. PANCHMAHAL-389350 [PAN : AAACE 4022 B] VS. ASSTT. COMMISSIONER OF INCOME-TAX .RESPONDENT CIRCLE-2(1)(1), BARODA APPEARANCES BY: BANDISH SOPARKAR FOR THE APPELLANT MUDIT NAGPAL FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 22.01.2018 DATE OF PRONOUNCING THE ORDER : 23.01.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE-APPELLANT HA S CHALLENGED CORRECTNESS OF THE ORDER DATED 16 TH DECEMBER 2015 PASSED BY THE CIT(A)-2, VADODARA, IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME-TAX A CT, 1961, FOR THE ASSESSMENT YEAR 2012-13 2. THE GRIEVANCE RAISED BY THE APPELLANT IS AS FOLL OWS:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. COMMISSIONER OF INCOME-TAX (APPEALS0 [HEREINAFTER R EFERRED TO AS THE LEARNED CIT(A)] ERRED IN UPHOLDING THE ASSESSING O FFICERS DISALLOWANCE OF RS.4,30,199/- BEING EXPENSES INCURRED ON REPAIRS AN D MAINTENANCE ON THE GROUND THAT THE SAID EXPENDITURE WERE ENDURING AND LONG LASTING IN NATURE. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE AF ORESAID ISSUE IS COVERED, IN FAVOUR OF THE ASSESSEE, BY THE ORDER DATED 07.09.2017 PASS ED BY THE COORDINATE BENCH, IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2010-1 1 AND 2011-12, WHEREIN THE TRIBUNAL HAS HELD AS UNDER:- ITA NO. 455/AHD/2016 UNIMED TECHNOLOGIES LIMITED VS. ACIT A.Y. 2012-13 PAGE 2 OF 2 5. THE FACTS IN ASSTT.YEAR 2011-12 ARE ALSO SIMILA R. THE LD. REVENUE AUTHORITIES ARE OF THE OPINION THAT THESE REPAIRS WOULD GIVE EN DURING BENEFIT TO THE ASSESSEE, AND THEREFORE, EXPENDITURE DESERVES TO BE CAPITALIZ ED. AFTER GOING THROUGH THE DETAILS OF ITEMS PURCHASED BY THE ASSESSEE EXTRACTE D (SUPRA), WE ARE OF THE VIEW THAT THESE ARE ROUTINE REPAIRS CARRIED OUT BY THE A SSESSEE ON ITS EXISTING BUSINESS AND NO NEW ASSETS CAME INTO EXISTENCE. THE ASSESSEE HAS MERELY REMOVED DEFECTIVE PARTS AND REPLACED IT WITH NEW PARTS. THE REVENUE AUTHORITIES OUGHT NOT TO HAVE TREATED THESE REPAIRS AS CAPITAL EXPENDITUR E OF ENDURING BENEFIT TO THE ASSESSEE. THEREFORE, WE ALLOW FIRST FOLD OF GRIEVAN CE RAISED BY THE ASSESSEE.. 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY THE CO-ORDINATE BENCH. RESPECTFULLY FOLLOWING TH E VIEWS SO TAKEN BY THE CO-ORDINATE BENCH (SUPRA) IN ASSESSEES OWN CASE FOR AYS 2010-1 1 & 2011-12 VIDE ITA NOS.1411 & 1412/AHD/2015, WE UPHOLD THE GRIEVANCE OF THE ASSES SEE. 5. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF JANUARY, 2018. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 23 RD DAY OF JANUARY, 2018 **BT* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: ... 22.01.2018... COVERED MATTER .. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 22.01.2018...... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: ....23.01.2018.... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: .. 23.01.2018.. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : ...... 23.01.2018............. 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER: ......