WADHAWAN RETAIL PVT.LTD., MUMBAI V. ACIT-CENTRAL CIRCLE-5(4), MUMBAI

ITA 6925/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4444 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 06-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Assessee Lawyers: AVDHI SHAH
• Keywords: Depreciation; Opportunity of being heard
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO S . 69 24, 69 25 & 69 27 /MUM/201 7 (A.Y S : 2010 - 11, 2011 - 1 2 & 2013 - 14) M/S. WADHAWAN RETAIL PVT. LTD., GROUND FLOOR , MADHAVA BLDG., BANDRA KURLA COMPLEX, BANDRA(E) MUMBAI 400 051 PAN: AAACW6147R V. DY. CIT CENTRAL CIRCLE - 5(4) 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT MUMBAI 400 021 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AVDHI SHAH DEPARTMENT BY : SHRI V. VINOD KUMAR DATE OF HEARING : 05.02.2020 DATE OF PRONOUNCEMENT : 23 .10 .2020 O R D E R PER C. N. PRASAD (JM) 1. THESE APPEAL S ARE FILED BY THE ASSESSEE AGAINST DIFFERENT ORDERS OF THE L EARNED COMMI SSIONER OF INCOME TAX (APPEALS) 53 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 06.09.2017 FOR THE ASSESSMENT YEAR S 2010 - 11 , 2011 - 12 AND A.Y. 2013 - 14. 2 ITA NOS. 6924, 6925 & 6927/MUM/2017 (A.YS: 2010 - 11, 2011 - 12 & 2013 - 14) M/S. WADHAWAN RETAIL PVT. LTD., 2. SINCE THE ISSUES IN ALL THESE APPEALS ARE IDENTICAL THESE APPEALS ARE HEARD TOGETHER AND DISPOSED OFF BY THIS COMMON ORDER. 3. AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUES IN APPEAL ARE COVERED BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE A.Y. 2008 - 09 BY ORDER DATED 04.01.2016 WHEREIN THE TRIBUNAL IN SO FAR AS T HE DEPRECIATION ON GOOD WILL AND PRELIMINARY EXPENSES WRITTEN OFF ARE CONCERNED THE ISSUES HAVE BEEN RESTORED TO THE FILE ASSESSING OFFICER FOR FRESH ADJUDICATION ON MERITS. COPY OF THE ORDER IS PLACED ON RECORD. 4. LD. DR FAIRLY SUBMITTED THAT THESE ISSUES WERE RESTORE D TO THE FILE ASSESSING OFFICER FOR FRESH ADJUDICATION. 5. ON HEARING BOTH THE SIDES AND PERUSING THE ORDER OF THE TRIBUNAL WE FIND THAT THE TRIBUNAL IN ITA.NO. 4725/MUM/2012 AND 4809/MUM/2012 BY ORDER DATED 04.01.2016 RESTORED THE ISSUE OF DEPRECIATION ON GO OD WILL AND PRELIMINARY EXPENSES WRITTEN OFF CLAIMED AS DEDUCTION U/S. 35D OF THE ACT TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION . RESPECTFULLY FOLLOWING THE SAID DECISION OF THE TRIBUNAL WE RESTORE THESE ISSUES TO THE FILE OF THE ASSESSING OFFIC ER WHO SHALL DECIDE IN ACCORDANCE WITH THE 3 ITA NOS. 6924, 6925 & 6927/MUM/2017 (A.YS: 2010 - 11, 2011 - 12 & 2013 - 14) M/S. WADHAWAN RETAIL PVT. LTD., DIRECTIONS GIVEN BY THE TRIBUNAL FOR THE A.Y. 2008 - 09 AFTER PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE . 6. IN THE RESULT, APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE . 7. BEFO RE PARTING, WE NOTICED THAT THESE APPEAL S WERE HEARD ON 05.02. 2020 AND THE PRONOUNCEMENT IS DELAYED DUE TO LOCKDOWN IN VIEW OF COVID - 19 PANDEMIC. THE PRONOUNCEMENT IS AS PER RULE 34(5) OF INCOME TAX APPELLATE TRIBUNAL RULES, 1963 AND HON'BLE BOMBAY HIGH COURT DECISION VIDE ORDERS DATED 15.04.2020 AND 15.06.2020 EXTENDIN G THE TIME BOUND PERIODS SPECIFIED BY HON'BLE HIGH COURT BY REMOVING THE PERIOD UNDER LOCKDOWN. THIS ASPECT WAS ALSO DEALT WITH IN DETAIL BY THE MUMBAI BENCH OF THE TRIBUNAL IN CASE OF DCIT V. JSW STEEL VIDE ORDER DATED 14.05.2020 IN ITA.NO. 6264/MUM/2018 . ORDER PRONOUNCED ON 23 . 10 .2020 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD. SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 23 / 10 / 2020 GIRIDHAR , S R. PS 4 ITA NOS. 6924, 6925 & 6927/MUM/2017 (A.YS: 2010 - 11, 2011 - 12 & 2013 - 14) M/S. WADHAWAN RETAIL PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM