RRB Consultants & Engineers Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 701/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81909 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: F
• Next Hearing Date: 27-08-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 05-02-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR CHOPRA
• Assessee Lawyers: V RAJ KUMAR
• Keywords: Depreciation
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SHRI B. C. MEENA, ACCOUNTANT MEMBER AND SHRI C. M. GARG, JUDICIAL MEMBER I.T.A .NO. - 70 1 /DEL/2013 (ASSESSMENT YEAR - 200 9 - 10 ) RRB CONSULTANTS & ENGINEERS PVT. LTD. VS. ITO (NOW KNOWN AS ECO RRB INFRA PVT. LTD) WARD - 15(2) 189, SUKHDEV VIHAR NEW DELHI. NEW DELHI. PAN:AAACR0233R (APPELLANT) (RESPONDENT) ASSESSEE BY: - SH. K. SAMPATH, ADV. & SH. V. RAJKUMAR, ADV. REVENUE BY: - SH. MANOJ KUMAR CHOPRA, SR. DR ORDER PER C. M. GARG, JM. THIS APPEAL HAS BEEN PREFERRED AGAINST THE ORDER OF THE CIT(APPEALS) - XVIII, NEW DELHI VIDE DATED 10.12.2012 IN APPEAL NO. 339/2011 - 12 FOR ASSESSMENT YEAR 2009 - 10. 2. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS IN THIS APPEAL: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(A) ERRED IN CONFIRMING THE FOLLOWING ACTIONS OF THE ASSESSING OFFICER: - 1. IN REJECTING THE CLAIM U/S 80IA OF THE ACT; 2. IN NOT ALLOWING DEPRECIATION ON LAND AS CLAIMED; 3. IN DISALLOWING ALLEGED EXPENSE S U/S 14A OF THE ACT; 4. IN DISALLOWING DEPRECIATION IN A SUM OF RS.4,47,00,000/ - . ALL ABOVE ACTIONS BEING ARBITRARY, FALLACIOUS, UNJUST AND UNTENABLE MUST BE QUASHED. 2 3. SINCE WE HAVE ADJUDICATED APPEAL OF THE ASSESSEE ITA NO. 700/DEL/2013 ON SAME GROUNDS F OR SIMILAR CIRCUMSTANCES AND THE SAME IS ALSO SQUARELY APPLICABLE TO THE PRESENT APPEAL FOR A.Y. 2009 - 10, THEREFORE, WE ORDER THAT OUR ORDER IN ITA NO. 700/DEL/2013 WOULD ALSO BE APPLICABLE FOR THIS PRESENT APPEAL . W E ORDER ACCORDINGLY. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISPOSED OF IN THE SAME MANNER AS ITA NO. 700/DEL/2013 AND GROUND NOS. 1 & 4 OF THE ASSESSEE IS DEEMED TO BE ALLOWED FOR STATISTICAL PURPOSE AND APPE AL OF THE ASSESSEE ON GROUND NO . 2 IS PARTLY DISALLOWED AND GROUND NO. 3 IS PARTL Y ALLOWED. ORDER P RONOUNCED IN THE OPEN COURT ON 16/10/2014. S D / - S D / - (B. C. MEENA ) (C. M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16/10/2014 *AK VERMA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR