BARRIER FOILS PVT. LTD., NEW DELHI V. DCIT, CIRCLE- 4(1), NEW DELHI

ITA 4797/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0090 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 27-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 143(3); 250

Judgement Text

ITA NO.- 4797/DEL/2017. BARRIER FOILS PVT. LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: A: NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 4797/DEL/2017 ( ASSESSMENT YEAR: 2013-14) M/S BARRIER FOILS PVT. LTD., 20, GOLF LINKS, NEW DELHI-110003. VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1), NEW DELHI. APPELLANT RESPONDENT PAN NO: AADCB1385P ASSESSEE BY : NONE REVENUE BY : SHRI PRAKASH DUBE, SR. DR PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY ASSESSEE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, NEW DELHI, [LD. CIT(A), F OR SHORT], DATED 15.03.2017 FOR ASSESSMENT YEAR 2013-14. GROUNDS TAKEN IN THIS APP EAL OF ASSESSEE ARE AS UNDER: 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE , THE ORDER UNDER SECTION 250 OF THE ACT DATED 15 TH MARCH 2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) (LD. CIT(A)) (IMPUGNED ORDE R) CONFIRMING THE ORDER U/S 143(3) OF THE ACT BY THE LEARNED ASSESSIN G OFFICER (LD. AO) DATED 30 TH DECEMBER, 2015 (ASSESSMENT ORDER) IS ERRONEOUS A ND BAD IN LAW. ITA NO.- 4797/DEL/2017. BARRIER FOILS PVT. LTD. PAGE 2 OF 4 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE LD.CIT(A) GROSSLY ERRED IN LAW AND ON FACTS OF THE CASE IN CO NFIRMING THE ORDER PASSED BY LD. AO. 3. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) GROSSLY ERRED IN LAW AND ON FACTS OF THE CASE IN CONFIRMING DISALLOWANCE OF RS. 9,39,602/- MADE BY LD. AO ON ACCOUNT OF DEPRECIATIO N CLAIMED ON MOTOR VEHICLE AND MAKING A FURTHER DISALLOWANCE OF RS. 3, 45,001/- ON ACCOUNT OF DEPRECIATION CLAIMED ON MOTOR VEHICLE BY THE APPELL ANT COMPANY. 4. THE APPELLANT CRAVES LEAVE TO ADD, TO AMEND, TO MODIFY, RESCIND, SUPPLEMENT OR ALTER ANY OF THE GROUNDS STATED HERE- IN-ABOVE EITHER BEFORE OR AT THE TIME OF HEARING OF THE APPEAL. (B) AT THE TIME OF HEARING, WE TOOK NOTICE OF LETTER F ILED BY SRI GAGAN KUMAR, ADVOCATE AND AUTHORIZED REPRESENTATIVE (FROM M/S KRISHNOMICS LEGAL). IN THIS LETTER IT HAS BEEN INTIMATED FROM THE ASSESSEES SIDE THAT THE DECLARA TION FILED BY ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, 2020 (VSVS, FOR SHORT) HAS BEEN A CCEPTED BY REVENUE; AND FURTHER, THAT FORM 3 HAS ALSO ALREADY BEEN ISSUED BY DESIGNA TED AUTHORITY. IN VIEW OF THIS, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR . DR, FOR SHORT) SUBMITTED BEFORE US THAT THIS APPEAL MAY BE TREATED AS WITHDRAWN AND MA Y BE DISMISSED ON ACCOUNT OF THE AFORESAID VSVS. AFTER DUE CONSIDERATION, IN VIEW OF THE FOREGOING; WE TREAT THIS APPEAL AS WITHDRAWN ON ACCOUNT OF THE AFORESAID VSVS. ACCORDI NGLY, THIS APPEAL IS DISMISSED. (C) IN THE RESULT, THIS APPEAL IS DISMISSED. ITA NO.- 4797/DEL/2017. BARRIER FOILS PVT. LTD. PAGE 3 OF 4 THIS ORDER WAS ALREADY PRONOUNCED ON 31 ST DECEMBER, 2020 IN OPEN COURT, IN THE ABSENCE OF ANY REPRESENTATIVE FROM ASSESSEES S IDE, BUT IN THE PRESENCE OF LD. SR. DR; AFTER CONCLUSION OF THE HEARING. SD/- SD/- (H.S. SIDHU) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 31/12/2020 (POOJA) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 4797/DEL/2017. BARRIER FOILS PVT. LTD. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER