Catapharma Chemicals P. Ltd, Nashik V. ACIT ( CPC ) Bangalore, Bangalore

ITA 839/PUN/2012

• Counselvise Citation: 83924514 RSA 2012
• Duration Of Justice: 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 30-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Assessee Lawyers: ADITYA P RATHI
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER, AND SHRI R.S.PADVEKAR, JUDICIAL MEMBER. ITA.NO.839/PN/2012 (ASSTT. YEAR : 2009-10) CATAPHARMA CHEMICALS P. LTD., 28, TRIMBAK SHAHU MAHARAJ PATH, NASHIK ROAD, NASHIK. .. APPELLANT PAN: AAACC7365B VS. DCIT, CIRCLE-1, NASHIK. .. RESPONDENT ASSESSEE BY : SHRI ADITYA P.RATHI DEPARTMENT BY : SHRI S.K.SINGH DATE OF HEARING : 16.04.2013 DATE OF PRONOUNCEMENT : 26.04.2013 ORDER PER R.S.PADVEKAR, JM : THIS APPEAL IS FILED BY THE ASSESSEE CHALLENGING T HE IMPUGNED ORDER OF THE CIT(A)-I, NASHIK, DATED 17.02.2012 FOR THE A.Y. 2009-10. THE ASSESSEE HAS TAKEN THE FOLLOWING GROU NDS: 1. THE LEARNED CIT(A) ERRED IN HOLDING THAT THE ERROR MADE BY THE A.O. IN DOUBLE DISALLOWANCE OF DEPRECIATION AS PER BOOKS OF RS.43,92,030/- AND OCTROI OF RS.41,000/- IS A PERMI TTED ADJUSTMENT, MADE U/S.143(1). THEREFORE IT IS PRAYE D TO CANCEL THE DOUBLE DISALLOWANCE OF DEPRECIATION OF RS.43,92 ,030/- AND OCTROI OF RS.41,000/-, MADE BY WAY OF PERMITTED ADJ USTMENT U/S.143(1). 2. THE LEARNED CIT(A) ERRED IN NOT APPRECIATING THE FA CT THAT THE ROI FILED BY THE APPELLANT WAS A DEFECTIVE RETURN A ND THE CORRECT PROCESS OF LAW THAT THE LEARNED A.O. SHOULD HAVE TAKEN BEFORE MAKING DOUBLE DISALLOWANCE WAS TO ISSUE A NO TICE U/S.139(9) OF THE I.T. ACT AND ALLOW ASSESSEE A TIM E OF 15 DAYS FOR FILING A CORRECTED ROI. 3. THE LEARNED CIT(A) ERRED IN NOT APPRECIATING THE OB SERVATIONS OF THE ACIT, CPC, BANGALORE, THAT IN ORDER U/S.154 THE MISTAKES ARE RECTIFIABLE, PROVIDED SCHEDULE BP WOUL D HAVE 2 BEEN FILLED IN PROPERLY IN THE RECTIFICATION APPLIC ATION. THEREFORE, IT IS PRAYED TO CANCEL THE PERMITTED ADJ USTMENTS MADE TO THE RETURNED INCOME U/S. 143(1) BY DISALLOW ING THE DEPRECIATION AND OCTROI FOR TWO TIMES. 2. WE HAVE HEARD THE PARTIES. THE LD. COUNCEL SUBM ITS THAT ASSESSEE HAS FILED SECOND RECTIFICATION APPLICATION U/S.154 OF THE ACT AND THE ASSESSING OFFICER HAS DELETED THE ADDIT IONS, HENCE, ASSESSEE HAS NO GRIEVANCE. HE THEREFORE REQUESTED FOR DISPOSAL OF THE APPEAL IN LIGHT OF THE ORDER PASSED BY THE ASSE SSING OFFICER U/S.154(1) DATED 20.02.2012 WHICH COPY IS PLACED AT PAGE NO.44 OF THE PAPER BOOK. AS THE ASSESSEE HAS ALREADY BEEN G IVEN THE RELIEF BY THE ASSESSING OFFICER BY PASSING THE RECTIFICATI ON ORDER U/S.154 FOR THE A.Y. 2009-10 DATED 20.02.2012, IN OUR OPINI ON, THIS APPEAL BECOME INFRUCTUOUS AS THE ASSESSEE HAS SUCCEEDED BE FORE THE ASSESSING OFFICER HIMSELF. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS INFRUCTUOUS. PRONOUNCED IN THE OPEN COURT ON THIS THE 26 TH DAY OF APRIL, 2013. SD/- SD/- ( G.S.PANNU ) ( R.S.PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER GSPS PUNE, DATED THE 26 TH APRIL, 2013 COPY OF THE ORDER IS FORWARDED TO: 1. THE ASSESSEE 2. THE DCIT, CIRCLE-1, NASHIK. 3. THE CIT(A)-I, NASHIK. 4. THE CIT-I, NASHIK. 5. THE DR B BENCH, PUNE. 6. GUARD FILE. BY ORDER //TRUE COPY// PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE.