M/s. Kyungshin Industrial Motherson Ltd., New Delhi V. Addl. CIT, New Delhi

ITA 5469/DEL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4059 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 03-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 03-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D NEW DELHI) BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A. NO.5469 /DEL/2010 ASSESSMENT YEAR : 2006-07 M/S KYUNGSHIN INDL. MOTHERSON ADDL. CIT, LTD., 2 ND FLOOR, F-7, BLOCK-B-1, RANGE-5, MOHAN COOP. INDL. ESTATE, NEW DELHI. MATHURA ROAD, NEW DELHI. V. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AAACK AAACK AAACK AAACK- -- -4966 4966 4966 4966- -- -A AA A APPELLANT BY : SHRI NONE. RESPONDENT BY : SHRI A.K. MONGA, DR. ORDER PER B.K. HALDAR, AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD CIT(A)-VIII, NEW DELHI DATED 22.9.2010 FOR ASSESSMENT Y EAR 2006-07. THE APPELLANT HAS TAKEN THE FOLLOWING GROUNDS OF APPE ALS:- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND UNDER THE PROVISIONS OF LAW, THE LD CIT(A) HAS ERRED I N SUSTAINING DISALLOWANCE OF `.21,92,455/- BEING 25% OUT OF ROYAL TY (`.16,44,341- NET OF DEPRECIATION). 2. ANY OTHER GROUND THAT MAY BE TAKEN UP WITH THE P ERMISSION OF THE HON'BLE BENCH. PAGE 2 OF 4 ITA NO5469./DEL/10 2. AT THE TIME OF HEARING AN ADJOURNMENT APPLICATIO N WAS FILED BY THE APPELLANT SEEKING ADJOURNMENT ON THE GROUND THAT IN ASSESSMENT YEAR 2002-03 THE ISSUE AGITATED IN THE PRESENT APPEAL WAS DECIDED BY THE TRIBUNAL AGAINST THE APPELLANT AND THE APPEAL IS PENDING BEFORE THE HON'BLE JURISDICTIONAL HIGH COURT WHICH IS LISTED FOR HEATING ON 26.7.2011. ADJOURNMENT SOUGHT BY THE APPELLANT WAS RE FUSED BY THE BENCH AND THE CASE WAS HEARD EX PARTE QUA THE APPELLA NT. 3. IT IS THE SUBMISSION OF THE APPELLANT THAT THE ISSUE A GITATED IS SQUARELY COVERED BY THE EARLIER DECISION OF THE TRIBU NAL IN ASSESSEES OWN CASE. IN VIEW OF THE ABOVE, WE RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH THE DIRECTION THAT THE IMPUGNED ASSESSMENT ORDER BE MODIFIED, IF SO REQUIRED, AS PER THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT ON THIS ISSUE IN ASSESSMENT YEAR 2002-03 IN ASSESSEES OWN CASE. 4. THE APPEAL FILED BY THE ASSESSEE IS THEREFORE ALLOWED TO THE EXTENT ABOVE. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE 6 TH DAY OF MAY, 2011. SD/- SD/- (R.P. TOLANI) (B.K. HAL DAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 06.5.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT PAGE 3 OF 4 ITA NO5469./DEL/10 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). DATE OF HEARING 3 RD MAY, 2011 DATE OF DICTATION 3 RD MAY, 2011. DATE OF ORDER SIGNED BY THE HON'BLE MEMBER. DATE OF ORDER SENT TO THE CONCERNED BENCH PAGE 4 OF 4 ITA NO5469./DEL/10