The ACIT, Circle-1(1)(1), Vadodara V. Gujarat Green Revolution Co. Ltd., Vadodara

ITA 619/AHD/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 7753 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 09-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SHARMA
• Keywords: Depreciation
• Section: 143(3); 147

Judgement Text

ITA NO.619/AHD/2018 ASSESSMENT YEAR : 2013-14 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH A, AHMEDABAD [CORAM: JUSTICE P P BHATT, PRESIDENT, AND PRAMOD KU MAR, VICE PRESIDENT] ITA NO.619/AHD/2018 ASSESSMENT YEAR: 2013-14 ASSTT. COMMISSIONER OF INCOME-TAX CIRCLE 1(1)(1), VADODARA. .....APPELLANT VS GUJARAT GREEN REVOLUTION CO. LTD., ........ ..RESPONDENT P.O. FERTILIZERNAGAR, VADODARA. [PAN : AABCG 0798F] APPEARANCES BY O.P. SHARMA, FOR THE APPELLANT MS. AMRIN PATHAN, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : AUGUST 13, 2019 DATE OF PRONOUNCEMENT : OCTOBER 14, 2019 O R D E R PER PRAMOD KUMAR, VP : BY WAY OF THIS APPEAL THE ASSESSING OFFICER HAS CHA LLENGED CORRECTNESS OF THE ORDER DATED 29.12.2017 PASSED BY THE LEARNED CIT(A) -1, VADODARA IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) READ WITH SECTION 1 47 OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2013-14 ON THE FOLLOWING GR OUNDS :- 1) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION MADE BY AO ON ISSUE OF CLAIM OF DEPRECIATION U/S.32 OF THE INCOME TAX ACT, 1961 WIT HOUT CONSIDERING THE FACT ON RECORD AS THE ASSETS WERE RETIRED FROM THE ACTIVE USE AND THE AMOUNT WAS REQUIRED TO BE REDUCED FROM SUCH BLO CK OF ASSETS AND DEPRECIATION CLAIMED ON SUCH ASSETS BY THE ASSESSEE SHOULD NOT BE ALLOWED. 2) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ENTIRE DISALLOWANCE MA DE ON ACCOUNT OF UNSPENT GRANT WITHOUT APPRECIATING THE AOS FINDING S IN THE ASSESSMENT ORDER U/S.143(3) R.W.S. 147OF THE INCOME TAX ACT, 1 961. ITA NO.619/AHD/2018 ASSESSMENT YEAR : 2013-14 PAGE 2 OF 3 3) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A)ERRED IN DELETING THE ADDITION MADE BY AO ON DISALLOWANCE ON ACCOUNT OF EXCESS DEPRECIATION CLAIMED ON SOFTWARE LICENSES WITHOUT CONSIDERING THE DECISION OF HONBLE ITAT, DELHI IN THE CASE OF SONY INDIA (P) LTD. VS. ADDL. CIT(ITAT, DEL) 141 TJ 432. 2. AS REGARDS GROUND NOS.1 & 2, LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE ORDER DATED 13.05.2019 PASSED BY A CO-ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2009-10, 2011-12 & 2012- 13 WHEREIN IDENTICAL ISSUES ARE SAID TO HAVE BEEN D ECIDED IN FAVOUR OF THE ASSESSEE. WE WERE THUS URGED TO DISMISS THE GRIEVANCES RAISED BY THE LEARNED APPELLANT ASSESSING OFFICER AS THE ISSUE HAS BEEN CONCLUDED I N FAVOUR OF THE ASSESSEE BY THE AFORESAID CO-ORDINATE BENCH DECISION. 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ACCEP TS THAT THE ISSUES IN APPEAL ARE FULLY COVERED BY THE CO-ORDINATE BENCH DECISION BUT HE RELIES UPON THE ORDER OF THE ASSESSING OFFICER, NONETHELESS. 4. HAVING HEARD THE RIVAL SUBMISSIONS AND HAVING PE RUSED THE MATERIAL ON RECORD, WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY THE CO-ORDINATE BENCH. RESPECTFULLY FOLLOWING T HE SAME, WE APPROVE THE FINDING OF THE AUTHORITIES BELOW AND DECLINE TO INTERFERE I N THE MATTER. WE THUS DISMISS THE GROUNDS RAISED BY THE ASSESSING OFFICER. 5. NOW WE TAKE UP GROUND NO.3 OF THE APPEAL. LEARN ED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED THAT THIS ISSUE IS ALS O NOW COVERED IN FAVOUR OF THE ASSESSEE BY A SPECIAL BENCH DECISION IN THE CASE OF AMWAY INDIA ENTERPRISE VS. DCIT, 111 ITD (SB) 112. WE, THEREFORE, SEE NO REAS ONS TO INTERFERE IN THE MATTER ON THIS COUNT EITHER. WE APPROVE THE FINDING OF THE A UTHORITIES BELOW AND DECLINE TO INTERFERE IN THE MATTER. THIS GROUND IS ALSO THUS DISMISSED. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSING OFF ICER IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 14 TH OCTOBER, 2019. SD/- SD/- JUSTICE P P BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) AHMEDABAD, DATED THE 14 TH DAY OF OCTOBER, 2019 ITA NO.619/AHD/2018 ASSESSMENT YEAR : 2013-14 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: ...27.08.2019.. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: .. 27.08.2019....... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 27.08.2019......... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 27.08.2019 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : .. 27.08.2019.... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER : . 8. DATE OF DESPATCH OF THE ORDER: ......