Appeal details
Counselvise Citation
[2019] 118 COUNSELVISE.COM (IT) 1458 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 1 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-03-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
C
Assessment Year
2013-2014
Appeal Filed On
21-12-2017
Judgement Text
ITA NO.7268/MUM/2017 M/S. POSITIVE PACKAGING INDUSTRIES LTD. ASSESSMENT YEAR :2013-14 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.7268/MUM/2017 ( / ASSESSMENT YEAR:2013-14 DCIT - 14(2)(1) 432, AAYKAR BHAVAN 4 TH FLOOR, M.K. ROAD MUMBAI-400 020. / VS. M/S. POSITIVE PACKAGING INDUSTRIES LTD. 98, JOLLY MAKER CHAMBER 2 225, NARIMAN POINT MUMBAI-400 021. ./ ./PAN/GIR NO. AAACP-2836-Q ( /APPELLANT ) : ( / RESPONDENT ) APPELLANT BY : ABHI RAM KARTIKEYAN - LD.DR RESPONDENT BY : BHAMIK GODA LD. AR !' / DATE OF HEARING : 18/03/2019 !' / DATE OF PRONOUNCEMENT : 22/03/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2013-14 CONTEST THE ORDER OF LD. COMMIS SIONER OF INCOME- TAX (APPEALS)-8, MUMBAI, [IN SHORT REFERRED TO AS CIT(A)], APPEAL NO. ITA NO.7268/MUM/2017 M/S. POSITIVE PACKAGING INDUSTRIES LTD. ASSESSMENT YEAR :2013-14 2 CIT(A)-8/IT-490/16-17 DATED 09/10/2017 ON FOLLOWING EFFECTIVE GROUNDS OF APPEAL: - 1. W HETHER IN THE FACTS AND CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE BALANCE ADDITIONAL DEPRECIATI ON OF RS.1,02,28,246/- U/S 32(L)(IIA) OF THE IT ACT, PERTAINING TO PLANTS & MA CHINERIES ACQUIRED AND INSTALLED IN THE IMMEDIATELY PRECEDING YEAR BUT WER E PUT TO USE FOR LESS THAN 180 DAYS IN THAT YEAR. 2. WHETHER IN THE FACTS AND CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT(A) ERRED IN GIVING RETROSPECTIVE EFFECT TO THE THIRD P ROVISO BELOW CLAUSE (II) TO SUB SECTION (I) OF SECTION 32. 3. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUND BE REVERSED AND THAT OF THE ASSESSING OFFICER BE RESTO RED.' THE ASSESSMENT FOR IMPUGNED AY WAS FRAMED BY LD. AS SISTANT COMMISSIONER OF INCOME TAX-CIRCLE 3(2)(2), MUMBAI [ AO] U/S 143(3) ON 29/12/2016 WHEREIN THE INCOME OF THE ASSESSEE WAS D ETERMINED AT RS.102.28 LACS UNDER NORMAL PROVISIONS AFTER DISALL OWANCE OF ADDITIONAL DEPRECIATION FOR RS.102.28 LACS AS AGAINST NIL RETURN E-FILED BY THE ASSESSEE ON 28/11/2013. THE ASSESSEE BEING RESIDENT CORPORATE ENTITY WAS STATED TO BE ENGAGED IN MANUFACTURING OF FLEXIBLE PACKAGING MATERIAL, PRINTING CYLINDERS & METALLIZED FILMS. 2. DURING ASSESSMENT PROCEEDINGS, UPON PERUSAL OF D EPRECIATION SCHEDULE, IT TRANSPIRED THAT THE ASSESSEE CLAIMED A DDITIONAL DEPRECIATION OF RS.102.28 LACS U/S 32(1)(IIA) ON THE ADDITIONS M ADE IN FIXED ASSETS USED FOR THE PERIOD OF LESS THAN 180 DAYS IN AY 201 2-13. SIMILAR CLAIM WAS MADE IN THE IMPUGNED AY AND THEREFORE, LD. AO P ROCEEDED TO DISALLOW THE SAME ON THE GROUND THAT THE CONCERNED PLANT & MACHINERY WAS ALREADY USED IN VARIOUS PRECEDING YEARS AND IT WAS NO LONGER NEW PLANT & MACHINERY. ALTHOUGH THE ASSESSEE DEFENDED T HE SAME ON THE STRENGTH OF CERTAIN JUDICIAL PRONOUNCEMENTS, HOWEVE R, NOT CONVINCED, THE ITA NO.7268/MUM/2017 M/S. POSITIVE PACKAGING INDUSTRIES LTD. ASSESSMENT YEAR :2013-14 3 ADDITIONAL DEPRECIATION WAS DISALLOWED AND ADDED TO THE INCOME OF THE ASSESSEE. 3. THE LD. FIRST APPELLATE AUTHORITY, RELYING UPON ITS OWN DECISION IN ASSESSEES OWN CASE FOR AY 2012-13, ALLOWED THE ASS ESSEES CLAIM. AGGRIEVED, THE REVENUE IS IN FURTHER APPEAL BEFORE US. 4. THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE [ AR], AT THE OUTSET, DREW ATTENTION TO THE FACT THAT THE TRIBUNA L HAS CONFIRMED THE STAND OF LD. FIRST APPELLATE AUTHORITY FOR IMMEDIAT ELY PRECEDING AY 2012- 13 VIDE ITA NO. 6360/MUM/2017 DATED 31/01/2019 AND THEREFORE, THE MATTER STOOD COVERED IN ASSESSEES FAVOR. ALTHOUGH LD. DR SUPPORTED THE STAND OF LD. AO BUT FAILED TO CONTROVERT THE AF ORESAID SUBMISSIONS. 5. IN VIEW OF THE ADMITTED POSITION, RESPECTFULLY F OLLOWING THE EARLIER VIEW OF CO-ORDINATE BENCH OF THE TRIBUNAL VIDE ITA NO. 6360/MUM/2017 DATED 31/01/2019 , WE DISMISS THE APPEAL. 6. THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2019. SD/- SD/- (MAHAVIR SINGH) ( MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 22/03/2019 SR.PS, JAISY VARGHESE !'#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT 3. # # $ ( ) / THE CIT(A) 4. # # $ / CIT CONCERNED 5. %& !'( , # ( , / DR, ITAT, MUMBAI 6. &*+, / GUARD FILE ITA NO.7268/MUM/2017 M/S. POSITIVE PACKAGING INDUSTRIES LTD. ASSESSMENT YEAR :2013-14 4 / BY ORDER, / % (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.
