GLOBAL e SERVICES PVT.LTD, MUMBAI V. ACIT.-9(1), MUMBAI

ITA 5785/MUM/2011

• Counselvise Citation: 578519914 RSA 2011
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 19-09-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 16-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C P PATHAK
• Keywords: Depreciation

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI .. , !'# $ $ $ $ %&. !.'.. $( ) !'# !* BEFORE SHRI P.M. JAGTAP, AM AND DR. S.T.M. PAVALAN, JM !./ I.T.A. NO. 5785 /MUM/2011 ( )( , $-, )( , $-, )( , $-, )( , $-, / / / / ASSESSMENT YEAR : 2008-09) GLOBAL E SERVICES PVT. LTD., C/O D.C. BOTHRA & CO. (CA), 297, TARDEO ROAD, WILLIE MANSION, IST FLOOR, OPP. BANK OF INDIA, NANACHOWK, MUMBAI 400 007. ( ( ( ( / VS. THE ASSTT. COMMISSIONER OF INCOME TAX 9(1), AAYAKAR BHAVAN, ROOM NO. 262, 2 ND FLOOR, MAHARSHI KARVE MARG, MUMBAI - 20. #. !./ PAN : AAACT 5168 P ( ./ / // / APPELLANT ) .. ( 01./ / RESPONDENT ) ./ 2 3 ! / APPELLANT BY : SHRI RAJKUMAR SINGH 01./ 2 3 ! / RESPONDENT BY : SHRI C.P. PATHAK !($ 2 / // / DATE OF HEARING : 19-09-13 45- 2 / DATE OF PRONOUNCEMENT : 25-09-13 '6 / O R D E R PER P.M. JAGTAP, A.M. : .. , !'# THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LD. CIT(A) - 19, MUMBAI DATED 09-06-2011 AND THE SOLITA RY ISSUE RAISED THEREIN RELATES TO THE DISALLOWANCE OF RS. 93,83,571/- MADE BY THE A.O. AND CONFIRMED BY THE LD. CIT(A) ON ACCOUNT OF ASSESSEE S CLAIM FOR DEPRECIATION ON NEWLY CONSTRUCTED I.T PARK AND CALL CENTRE BUILDING S. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS FAIRLY A ND FRANKLY CONCEDED BY THE ITA 5785/M/11 2 LD. COUNSEL FOR THE ASSESSEE, THE ISSUE INVOLVED IN THIS APPEAL IS SQUARELY COVERED AGAINST THE ASSESSEE BY THE DECISION OF THE TRIBUNAL RENDERED IN ASSESSEES OWN CASE FOR A.Y. 2007-08 VIDE ITS ORDER DATED 4 TH MAY, 2011 PASSED IN ITA NO. 1630/MUM/.2010. A COPY OF THE SA ID ORDER IS PLACED ON RECORD BEFORE US AND PERUSAL OF THE SAME SHOWS THAT A SIMILAR ISSUE HAS BEEN DECIDED BY THE TRIBUNAL IN A.Y. 2007-08 AGAINST THE ASSESSEE FOR THE FOLLOWING REASONS GIVEN IN PARA 3 OF ITS ORDER:- 3. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING P ERUSED THE MATERIAL ON RECORD, WE FIND THAT THE ISSUE IN THIS APPEAL IS SQUARELY COVERED BY A COORDINATE BENCHS DECISION IN ASSESSEES OWN CASE FOR A.Y. 2006-07 IN ITA NO.4231/M/2009, WHEREIN THE TRIBUNAL FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH IN ASSESSEES OWN CASE FOR EA RLIER YEARS I.E. 2002- 03 AND 2004-05, HAS DECIDED THE ISSUE AGAINST THE A SSESSEE, COPIES OF WHICH ARE PLACED ON RECORD. WE SEE NO REASONS TO TA KE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY THE COORDINATE BENCH, AND WE ARE IN CONSIDERED AGREEMENT WITH THE SAME. ACCORDINGLY, WE UPHOLD THE ORDER OF THE CIT(A) AND DECLINE TO INTERFERE. 3. AS THE ISSUE INVOLVED IN THE YEAR UNDER CONSIDER ATION AS WELL AS ALL THE MATERIAL FACTS THERETO ARE SIMILAR TO A.Y. 2007-08, WE RESPECTFULLY FOLLOW THE ORDER OF THE TRIBUNAL FOR A.Y. 2007-08 AND CONFIRM THE DISALLOWANCE MADE ON ACCOUNT OF ASSESSEES CLAIM FOR DEPRECIATION ON NEW LY CONSTRUCTED I.T PARK AND CALL CENTRE BUILDINGS. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. )( ,7 2 7 2 89 ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH SEPTEMBER, 2013. . '6 2 45- :'(; 25-09-2013 5 2 SD/- SD/- (DR. S.T.M. PAVALAN) (P.M. JAGTAP ) ) !'# JUDICIAL MEMBER !'# / ACCOUNTANT MEMBER MUMBAI ; :'( DATED 25-09-2013 $.)(.!./ RK , SR. PS ITA 5785/M/11 3 '6 2 0)<= >=- '6 2 0)<= >=- '6 2 0)<= >=- '6 2 0)<= >=-/ COPY OF THE ORDER FORWARDED TO : 1. ./ / THE APPELLANT 2. 01./ / THE RESPONDENT. 3. ? () / THE CIT(A)- 19, MUMBAI 4. ? / CIT 9, MUMBAI 5. =$B 0))( , , / DR, ITAT, MUMBAI G BENCH 6. %, C / GUARD FILE. '6(! '6(! '6(! '6(! / BY ORDER, !1= 0) //TRUE COPY// D D D D/ // /!8 !8 !8 !8 ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI