ACIT Rg. - 7(2), MUMBAI V. M/s. SIEMENS INFORMATION SYSTEMS LTD., MUMBAI

ITA 590/MUM/2006

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59717 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2012
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 03-01-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 27-01-2006
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B JAYA KUMAR
• Assessee Lawyers: PERCY J PARDIWALLA; VASANTI B PATEL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI R.S. SYAL (AM) & SHRI VIJAY PAL RAO (AM) I.T.A. NOS.590/MUM/2006 & 2642/MUM/2007 (A.YS. 2002-03 & 2003-04) ASST. COMMR. OF INCOME-TAX, RANGE-7(2), ROOM NO.624, 6 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI-400 020. VS. M/S. SIEMENS INFORMATION SYSTEMS LTD., WORLI WORKS, 3 RD FLOOR, 130, PANDURANG BUDHKAR MARG, WORLI, MUMBAI-400 018. PAN: AAACS9788E APPELLANT RESPONDENT APPELLANT BY MR. B. JAYAKUMAR. RESPONDENT BY MS.PER CY J. PARDIWALLA & MS. VASANTI B. PATEL. DATE OF HEARING 03-01-2012 DATE OF PRONOUNCEMENT 18-01-2012 O R D E R PER R.S. SYAL, AM : FIRST IS THE APPEAL BY THE REVENUE ARISING OUT OF THE ORDER PASSED BY THE CIT(A) ON 27-10-2005 IN RELATION TO THE ASSESSMENT YEAR 20 02-03. 2. IT IS A RECALLED MATTER INASMUCH AS THE EARLIER ORDER PASSED BY THE TRIBUNAL WAS SUBSEQUENTLY RECALLED VIDE ITS ORDER DATED 06-08-20 09 FOR THE LIMITED PURPOSE OF ALLOWING THE ASSESSEE AN OPPORTUNITY OF BEING HEAR D ON THE JUDGMENT OF HONBLE HIGH COURT IN THE CASE OF INDIAN RAYON CORPORATION LTD. VS. CIT (2003) 261 ITR 98. BOTH THE SIDES ARE IN AGREEMENT THAT THE FACTS AND CIRCUMSTA NCES OF THIS YEAR ARE MUTATIS MUTANDIS ITA NOS.590/M/2006 & 2642/M/2007 SIEMENS INFORMATION SYSTEMS LTD. 2 SIMILAR TO THOSE OF A.Y. 2001-02, WHICH WAS ARGUED AT LENGTH SIMULTANEOUS WITH THE PRESENT APPEAL. IT HAS FURTHER BEEN AGRRED THAT THE CONCLUSION ON THE QUESTION OF COMPUTING DEDUCTION UNDER SECTIONS 10A/10B WITH OR WITHOUT THE AMOUNT OF DEPRECIATION IN THIS YEAR WOULD WHOLLY DEPEND UPON THE FINAL VIEW TAKEN BY THE TRIBUNAL ON THE SAME ISSUE IN ASSESSMENT YEAR 2001-02. WE HA VE DISPOSED OF THE ASSESSEES APPEAL FOR ASSESSMENT YEAR 2001-02 BY A SEPARATE OR DER REJECTING THE ASSESSEES CONTENTION IN THIS REGARD. FOLLOWING THE VIEW TAKEN HEREINABOVE, WE DECIDE THIS ISSUE AGAINST THE ASSESSEE. 3. THE OTHER APPEAL IS FOR A.Y. 2003-04 WHICH HAS BEEN FILED BY THE REVENUE ARISING OUT OF THE ORDER PASSED BY THE CIT(A) ON 15-01-2007 . 4. IT IS COMMON SUBMISSION FROM BOTH THE SIDES THA T APART FROM FILING THIS APPEAL IN ITA NO.2642/MUM/2007, THE REVENUE ALSO FILED ANOTHE R APPEAL WHICH HAS BEEN MARKED AS ITA NO.2702/MUM/2007 WITH IDENTICAL GROUNDS AND FROM THE SAME ORDER OF LD. CIT(A). IN OTHER WORDS, IT WAS ACCEPTED THAT IT IS A DUPLICATE APPEAL HAVING BEEN FILED BY THE REVENUE. SINCE THE OTHER APPEAL IS ALREADY PEN DING ADJUDICATION, THERE IS NO POINT IN KEEPING BOTH THE APPEALS ALIVE. WE, THEREFORE, DISM ISS THIS APPEAL AS HAVING BEEN FILED IN DUPLICATE. 5. IN THE RESULT, THE APPEAL FOR ASSESSMENT YEAR 20 03-04 IS DISMISSED AND THAT FOR ASSESSMENT YEAR 2002-03 IS PARTLY ALLOWED. ORDER PRONOUNCED ON THE 18TH DAY OF JANUARY, 2 012. SD/- SD/- (VIJAY PAL RAO) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NOS.590/M/2006 & 2642/M/2007 SIEMENS INFORMATION SYSTEMS LTD. 3 MUMBAI: 18TH JANUARY , 2012. NG: COPY TO : 1. DEPARTMENT. 2.ASSESSEE. 3 CIT(A)-VII,MUMBAI. 4 CIT,CITY-VII,MUMBAI. 5.DR,E BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST . REGISTRAR, ITAT, MUMBAI. ITA NOS.590/M/2006 & 2642/M/2007 SIEMENS INFORMATION SYSTEMS LTD. 4 DETAILS DATE INITIALS DESIGNA TION 1 . DRAFT DICTATED ON 03 - 01 - 201 2 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 10-01-2012 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER *