Prabodhan Shikshan Prasarak Sansthan, Ratnagiri V. Income-tax Officer,(Exemptions), Pune

ITA 852/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1656 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 06-09-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 07-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital asset; Depreciation; Principle of natural justice; Set aside
• Section: 2; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO. 851 /PUN/20 17 / ASSESSMENT YEAR : 2009 - 10 PRABODHAN SHIKSHAN PRASARAK SANSTHAN, A/P. AMBAV, TAL. SANGAMESHWAR, DIST. RATNAGIRI - 415 804. PAN : AAATP5904E ....... / APPELLANT / V/S. THE JOINT COMMISSIONER OF INCOME TAX, RATNAGIRI CIRCLE, RATNAGIRI. / RESPONDENT . / I TA NO. 852 /PUN/20 17 / ASSESSMENT YEAR : 2012 - 13 PRABODHAN SHIKSHAN PRASARAK SANSTHAN, A/P. AMBAV, TAL. SANGAMESHWAR, DIST. RATNAGIRI - 415 804. PAN : AAATP5904E ....... / APPELLANT / V/S. THE INCOME TAX OFFICER (EXEMPTIONS), WARD - 1, PUNE. / RESPONDENT A SSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SHRI SUDHENDU DAS 2 ITA NO S . 851 & 852 /PUN/20 17 A.Y S . 2009 - 10 & 2012 - 13 / DATE OF HEARING : 06 .0 9 .2019 / DATE OF PRONOUNCEMENT : 06 .0 9 .2019 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THESE TWO APPEALS PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDERS OF THE LD. CIT(APPEALS) - 2, KOLHAPUR DATED 10.01.2017 FOR THE ASSESSMENT YEARS 2009 - 10 & 2012 - 13 AS PER THE GROUNDS OF APPEAL ON RECORD. 2. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUES RAISED IN BOTH THE APPEALS ARE SIMILAR. THE LD. C OUNSEL SUBMITTED THAT THEY HAD FILED ADDITIONAL GROUNDS BEFORE THE LD. CIT(APPEALS) CLAIMING THE ASSESSEE WAS ENTITLED TO CLAIM THE BENEFIT OF DEDUCTION OF COST OF CAPITAL ASSETS AS APPLICATION U/S.11 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) AND ALSO DEPRECIATION U/S.32 OF THE ACT ON SAME ASSETS IN THE EARLIER YEARS PRIOR TO INSERTION OF NEW SECTION 11(6) OF THE ACT W.E.F. 01.04.2015 . THIS ADDITIONAL GROUND FOR THE ASSESSMENT YEARS I.E. 2009 - 10 AND 2012 - 13 HAVE BEEN DISMISSED BY THE LD. CIT(APPEALS) AS PER THE REASONS RECORDED IN HIS ORDER. THE LD. COU NSEL FOR THE ASSESSEE PRAYED THAT FOR BOTH THE ASSESSMENT YEARS, THIS ADDITIONAL GROUND MAY BE RESTORED TO THE FILE OF ASS ESSING OFFICER FOR VERIFICATION . 3. THE LD. DR FAIRLY CONCEDED TO THE PRAYER MADE BY THE LD. COUNSEL FOR THE ASSESSEE. 3 ITA NO S . 851 & 852 /PUN/20 17 A.Y S . 2009 - 10 & 2012 - 13 4. WE HAVE PERUSED THE CASE RECORD S AND HEARD THE RIVAL CONTENTIONS. WE OBSERVE THAT THE ADDITIONAL GROUNDS WERE RAISED BY THE ASSESSEE BEFORE THE FIRST APPELLATE AUTHORITY WHICH WAS DISMISSED AS PER REASONS RECORDED IN HIS OR D ER. THAT BEFORE US, IT IS THE PRAYER OF THE LD. COUNSEL FOR THE ASSESSEE THAT THIS ADDITION GROUND MAY BE VERIFIED BY THE ASSESSING OFFICER AND RE - ADJUDICATE ACCORDINGLY. IN OUR CONSIDERED VIEW TAKING TOTALITY OF FACTS AND CIRCUMSTANCES AND A LSO GOING BY THE SPIRIT OF WELFARE LEGISLATION IMBIBED WITHIN THE TAXING STATUTES, WE ALLOW THE PRAYER OF THE LD. COUNSEL FOR TH E ASSESSEE AND ACCORDINGLY, FOR THE BOTH THE ASSESSMENT YEARS, SET ASIDE THE ORDER S OF LD. CI T(APPEALS) ON THE ADDITIONAL GROUND AND RESTORE THIS ADDITIONAL GROUND TO THE FILE OF ASSESSING OFFICER FOR VERIFICATION AS CLAIMED BY THE ASSESSEE AND ADJUDICATE I T ACCORDINGLY COMPLYING WITH THE PRINCIPLES OF NATURAL JUSTICE. 5. IN THE RESULT, APPEAL S OF THE ASSESSEE FOR THE ASSESSMENT YEARS 2009 - 10 AND 2012 - 13 ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 06 TH DAY OF SEPTEMBER , 201 9 . SD/ - SD/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 06 TH SEPTEMBER , 2019 . SB 4 ITA NO S . 851 & 852 /PUN/20 17 A.Y S . 2009 - 10 & 2012 - 13 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 2, KOLHAPUR. 4. THE PR. CIT - 2, KOLHAPUR. 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 5 ITA NO S . 851 & 852 /PUN/20 17 A.Y S . 2009 - 10 & 2012 - 13 DATE 1 DRAFT DICTATED ON 06 .0 9 .2019 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 06 .0 9 .201 9 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER