Shreegopal Concrete Private Limited , Kolkata V. D.C.I.T.,Circle-9(2), Kolkata

ITA 708/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2607 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 19-11-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 08-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Keywords: Depreciation; Additional depreciation
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA (VIRTUAL COURT) (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) I.T.A. NO. 708/KOL/2019 ASSESSMENT YEAR: 2012-13 SHREEGOPAL CONCRETE PRIVATE LIMITED..........................................................................APPELLANT [PAN: AAJCS 2118 P] VS. DCIT, CIRCLE-9(2), KOLKATA.....................................................................RESPONDENT APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE. SH. SUPRIYO PAL, ADDL. CIT, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 19 TH , 2020 DATE OF PRONOUNCING THE ORDER : NOVEMBER 26 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-18, KOLKATA, [HEREINAFTER THE CIT(A)], PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DATED 19.02.2019 FOR THE ASSESSMENT YEAR 2012-13. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUE OF NOTICE. WE DISPOSE OFF THIS CASE EX-PARTE ON MERITS AFTER HEARING THE LD. D/R. 3. HEARD THE LD. D/R. THE ONLY ISSUE THAT ARISES FOR OUR ADJUDICATION IS WHETHER THE LD. CIT(A) WAS RIGHT IN SUSTAINING THE ACTION OF THE LD. AO IN DISALLOWING THE ASSESSEES CLAIM OF ADDITIONAL DEPRECIATION IN RESPECT OF BALANCE UNUTILIZED 50% ADDITIONAL DEPRECIATION AMOUNTING TO 1,98,63,291/- IN THE CURRENT YEAR ON THE NEW PLANT & MACHINERIES INSTALLED IN THE IMMEDIATE EARLIER AY 2011-12 AND NOT FOLLOWING THE RATIO LAID DOWN BY THE JURISDICTIONAL ITAT, KOLKATA BENCH IN DISALLOWING THE AFORESAID CLAIM OF THE ASSESSEE. 2 I.T.A. NO. 708/KOL/2019 ASSESSMENT YEAR: 2012-13 SHREEGOPAL CONCRETE PRIVATE LIMITED. 4. WE FIND THAT THE LD. CIT(A) HAS RECORDED IN HIS ORDER THAT THE ISSUE IN QUESTION IS COVERED BY THE FOLLOWING CASE LAWS: (A) UNIVERSAL CABLES LTD. VS. DCIT IN ITA NO. 04/KOL/2012 , ORDER DATED 14.01.2015. (B) CIT VS. RITTAL INDIA PRIVATE LIMITED (2016) 380 ITR 423 (KAR) . (C) M/S. AUTOMOTIVE COACHES & COMPONENTS LTD. VS. DCIT IN ITA NO. 1789/MDS/2014 , ORDER DATED 12.02.2016. (D) DCIT VS. COSMO FILMS LTD. [2012] 24 TAXMANN.COM 189 (DELHI ITAT) . (E) APOLLO TYRES VS. ACIT [2014] 45 TAXMANN.COM 337 (COCHIN TRIBUNAL) . (F) CIT VS. SHRI T.P. TEXTILES (P) LTD. (2017) 394 ITR 483 (MAD) . 5. THE LD. CIT(A) HAS NOT FOLLOWED THE DECISIONS OF THE ITAT ON THIS ISSUE. HE CHOSE TO TAKE A VIEW, WHICH IS NOT SUPPORTED BY ANY JUDICIAL ORDER OR DECISION. WE RESPECTFULLY FOLLOW THE PROPOSITIONS OF LAW LAID DOWN BY VARIOUS BENCHES OF ITAT CITED ABOVE ON THIS ISSUE. 6. UNDER THESE CIRCUMSTANCES, WE APPLY THE PROPOSITIONS OF LAW LAID DOWN BY THE COORDINATE BENCH OF THE TRIBUNAL IN THE CASES REFERRED ABOVE AND ALLOW THE GROUNDS OF THE ASSESSEE. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. KOLKATA, THE 26 TH NOVEMBER, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 26.11.2020 BIDHAN (P.S.) 3 I.T.A. NO. 708/KOL/2019 ASSESSMENT YEAR: 2012-13 SHREEGOPAL CONCRETE PRIVATE LIMITED. COPY OF THE ORDER FORWARDED TO: 1. SHREEGOPAL CONCRETE PRIVATE LIMITED, 11A, MAHARSHI DEVENDRA ROAD, 6 TH FLOOR, ROOM NO. 2, KOLKATA-700 007. 2. DCIT, CIRCLE-9(2), KOLKATA. 3. CIT(A)-18, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES