Global Vision Securities Pvt. Ltd., Kolkata V. ITO, Ward - 6(2), Kolkata, Kolkata

ITA 603/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4452 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 04-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURAV KUMAR
• Assessee Lawyers: MANISH TIWARI
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C-SMC, KOLKATA BEFORE SH. J.SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO.603/KOL/2018 [ASSESSMENT YEAR: 2011-12] GLOBAL VISION SECURITIES PVT.LTD., 18, RABINDRA SARANI, GATE NO.3, 5 TH FLOOR, KOLKATA-700001. PAN-AAACG9631C VS ITO, WARD-6(2), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. (APPELLANT) (RESPONDENT) APPELLANT BY SH. MANISH TIWARI, FCA RESPONDENT BY SH. SAURAV KUMAR, ADDL.CIT DATE OF HEARING 25.09.2018 DATE OF PRONOUNCEMENT 24 .10.2018 ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 05.02.2018 PASSED BY CIT(A)-2, KOLKATA FOR AY 2011-12 U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) ON THE FOLLOWING GROUNDS:- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN CONFIRMING THE ACTION OF A.O. WHO RESTRICTED DEPRECIATION ALLOWANCE ON OFFICE PREMISES AMOUNTING TO RS.2,79,959/- @ 50% ON THE GROUND OF PUTTING INTO USE FOR LESS THAN 180 DAYS. 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN CONFIRMING THE ACTION OF A.O. WHO PROCEEDED ON ERRONEOUS BELIEF AND MISCONCEPTION OF LAW IN HOLDING THAT THE APPELLANT HAD INCURRED COST OF STAMP PAPER (RS.5000/-) AND ADVOCATE FEE (RS.28,021/-) AGGREGATING TO RS.33,021/-. 3. THAT ON THE FACTS AND INT EH CIRCUMSTANCES OF THE CASE, LD.CIT(A) HAS ERRED IN CONFIRMING THE DISALLOWANCE MADE BY A.O. TO THE TUNE OF RS.48,035/- OUT OF TRAVELLING AND CONVEYANCE EXPENSES. 4. THAT THE APPELLANT CRAVES LEAVE TO ADD, ADDUCE, ALTER OR AMEND ANY GROUND OR GROUNDS ON OR BEFORE THE DATE OF HEARING. 2. AFTER HEARING RIVAL CONTENTIONS, I HOLD AS FOLLOWS:- REGARDING THE DISALLOWANCE OF THE CLAIM OF DEPRECIATION ON OFFICE PREMISES, ON THE GROUND THAT, THE ASSESSEE HAS NOT PUT THE SAME TO USE FOR MORE THAN ITA NO.603/KOL/2018 [ASSESSMENT YEAR: 2011-12] PAGE | 2 180 DAYS, THE ASSESSEE PRODUCED A COPY OF ELECTRICITY BILLS AS EVIDENCE OF USE. LD.CIT(A) WAS OF THE VIEW THAT, AS THE ASSESSEE HAS PURCHASED FURNITURE AFTER 13.09.2010, THERE IS NO SCOPE OF USING BUILDING PRIOR TO OCTOBER 2010. BEFORE US, THE ASSESSEE HAS NOT PRODUCED ANY EVIDENCE TO CONTROVERT THE FINDINGS OF THE LD.CIT(A). HENCE, THIS GROUND OF THE ASSESSEE IS DISMISSED. 3. GROUND NO.2 IS DISMISSED AS NOT PRESSED. 4. GROUND NO.3 IS AGAINST THE TRAVELLING AND CONVENIENCE EXPENSES DISALLOWED ON ADHOC BASIS. 5. AFTER GOING THROUGH THE ORDER OF LOWER AUTHORITIES, I FIND NO REASON TO INTERFERE IN THIS ORDER. HENCE, I DISMISS THIS GROUND OF THE ASSESSEE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.10.2018. (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER DATE:- 24.10.2018 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- GLOBAL VISION SECURITIES PVT.LTD., 18, RABINDRA SARANI, GATE NO.3, 5 TH FLOOR, KOLKATA-700001. 2. RESPONDENT-ITO, WARD-6(2), AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. 1. CIT-KOLKATA 2. CIT(APPEALS)-KOLKATA 3. DR: ITAT-KOLKATA BENCHES SR.P.S./H.O.O ITAT, KOLKATA