The DCIT, Circle-2, RAJKOT-GUJARAT V. Decora Cotton Exports Pvt. Ltd., RAJKOT-GUJARAT

ITA 514/RJT/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 2972 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-12-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 12-09-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JM SAHAY
• Assessee Lawyers: M P SARDA
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) I.T.A. NO. 514/RJT/2008 (ASSESSMENT YEAR 2005-06) DCIT, CIR.2 VS DECORA COTTON EXPORTS CO PVT LTD RAJKOT GIRISH KUNJ 7, RANCHHODNAGAR RAJKOT PAN : AABCD0373K (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JM SAHAY RESPONDENT BY: SHRI MP SARDA O R D E R A.L. GEHLOT : THIS IS AN APPEAL FILED BY THE REVENU E AND IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-III, RAJKOT DATED 15-12-2010 FO R THE ASSESSMENT YEAR 2005- 06. 2. THE GROUND RAISED IN THE APPEAL IS THAT CIT(A) E RRED IN DELETING THE DISALLOWANCE MADE ON ACCOUNT OF DEPRECIATION ON MOT OR CAR OF RS.5,87,105. 3. THE ASSESSING OFFICER DISALLOWED DEPRECIATION ON MOTOR CAR ON THE GROUND THAT THE ASSESSEE COMPANY OWNS FIVE VEHICLES OUT OF WHICH FOUR WERE REGISTERED UNDER THE MOTOR VEHICLE ACT IN THE NAME OF DIRECTOR . THE CIT(A) DELETED THE SAID ADDITION FOLLOWING VARIOUS JUDGMENTS OF ALLAHABAD H IGH COURT AND BOMBAY HIGH COURT INCLUDING THE JUDGMENT OF APEX COURT IN THE C ASE OF CIT VS PODAR CEMENT PVT LTD 226 ITR 625 (SC). WE FIND THAT THE ISSUE I S SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE JUDGMENT OF CIT VS PODAR CEMENT S PVT LTD 226 ITR 625 (SC) AND IN THE CASE OF MYSORE MINERALS LTD VS CIT 239 ITR 775 (SC). IN THE LIGHT OF THAT WE DO NOT FIND ANY INFIRMITY IN THE O RDER OF CIT(A). THEREFORE, THE ORDER OF CIT(A) IS CONFIRMED. ITA NO.514/RJT/2008 2 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23-12-2010 . SD/- SD/- (D.T. GARASIA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 23 RD DECEMBER, 2010 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-III, RAJKOT 4. THE CIT-II, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT