Shakti Hormann Private Limited (Formerly known as Shakti Met Dor Ltd), Hyderabad, Hyderabad V. DCIT, Circle-3(1), Hyderabad, Hyderabad

ITA 891/HYD/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3138 (ITAT-HYDERABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 23-01-2020
• Assessment Year: 2004-2005
• Appeal Filed On: 23-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KIRAN KATTA
• Assessee Lawyers: P MURALI MOHANA RAO
• Keywords: Capital asset; Depreciation; Condonation of delay
• Section: 143(3); 43

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER I.T.A. NO. 891/HYD/2017 ASSESSMENT YEAR: 2004-05 M/S.SHAKTI HORMANN PVT. LTD., (FORMERLY KNOWN AS SHAKTI MET DOR LTD), HYDERABAD [PAN: AADCS4024Q] VS DCIT, CIRCLE-3(1), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI P.MURALI MOHANA RAO, AR FOR REVENUE : SHRI KIRAN KATTA, DR DATE OF HEARING : 23-01-2020 DATE OF PRONOUNCEMENT : 11-03-2020 O R D E R PER SMT. P. MADHAVI DEVI, J.M. : THIS IS ASSESSEES APPEAL FOR THE AY.2004-05, DIREC TED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-10, HYDERABAD, DATED 05-01-2016. 2. AT THE OUTSET, IT IS NOTICED THAT THERE IS A DELAY OF 36 8 (THREE SIX EIGHT) DAYS IN FILING OF THE APPEAL BEFOR E THE TRIBUNAL. THE ASSESSEE HAS FILED AN APPLICATION FOR CONDONATION OF DELAY AND HAS RELIED UPON VARIOUS CAS E LAW TO SUBMIT THAT - WHERE THE ASSESSEE HAS A CASE ON MERITS, DELAY SHOULD BE CONDONED . IN THE APPLICATION FOR CONDONATION OF ITA NO. 891/HYD/2017 :- 2 -: DELAY, THE ASSESSEE HAS EXPLAINED THAT DELAY HAS OCC URRED DUE TO MISPLACEMENT OF PAPERS BY ONE OF THE OFFICE STAFF A ND HENCE THE SAME WAS BEYOND THE REASONABLE CONTROL OF THE ASSES SEE AND THERE WAS NO WILLFUL OMISSION OR NEGLIGENCE ON T HE PART OF THE ASSESSEE-COMPANY. 2.1. LD.DR, HOWEVER, OPPOSED THE CONDONATION OF DELAY AND SUBMITTED THAT THE ASSESSEE HAS NOT EXPLAINED AS TO WHO IS THE OFFICE STAFF WHO HAS MISPLACED THE PAPERS AND WHAT IS THE ACTION TAKEN BY THE ASSESSEE AGAINST SUCH PERSON AND HO W AND WHEN THE PAPERS WERE TRACED BY THE ASSESSEE. 2.2. HAVING REGARD TO THE RIVAL CONTENTIONS AND MATERI AL ON RECORD AND ALSO THE DECISIONS OF THE HON'BLE SUPREME COURT IN THE CASE OF COLLECTOR, LAND ACQUISITION VS. MST.KATIJI & ORS [167 ITR 471] (SC) AND THE DECISION OF THE HON'BLE HI GH COURT OF MADRAS IN THE CASE OF CIT VS. K.S.P.SHANMUGAVEL NADAR (1987) [30 TAXMANN 133] (MAD), WE FIND THAT THE ASSESS EE IS NOT BENEFITTING IN ANY WAY BY NOT FILING THE APPEAL IN TI ME BEFORE THE TRIBUNAL. THE ASSESSEE HAS EXPLAINED THE REASONS AS MISPLACEMENT OF PAPERS BY ONE OF THE OFFICE STAFF. TH IS IS ONE OF THE POSSIBLE REASONS FOR NOT BEING ABLE TO FILE THE APPEAL WITHIN THE TIME. FURTHER, AFTER HEARING THE ASSESSEE ON MERITS ALSO, WE FIND THAT THE ASSESSEE HAS AN ARGUABLE CASE ON MERITS. HENCE, WE ARE INCLINED TO CONDONE THE DELAY OF 368 (T HREE SIX EIGHT) DAYS AND PROCEED TO DISPOSE-OF THE APPEAL ON ME RITS. 3. BRIEF FACTS OF THE CASE ON MERITS ARE THAT THE ASSESS EE- COMPANY DERIVES INCOME FROM MANUFACTURE AND SALE OF STEEL ITA NO. 891/HYD/2017 :- 3 -: DOORS. IT FILED ITS RETURN OF INCOME ON 29-10-2004 D ECLARING TOTAL INCOME OF RS.1,81,38,971/-. 3.1. DURING THE COURSE OF ASSESSMENT PROCEEDINGS U/S. 143(3) OF THE INCOME TAX ACT [ACT], THE ASSESSING OFFICER (AO ) NOTICED THAT THE ASSESSEE-COMPANY HAS SOLD A PART OF PLANT & MACHINERY FOR RS.26,782/-. ASSESSEE WAS THEREFORE ASKED TO FILE DETAILS OF PLANT & MACHINERY SOLD AND EVIDENCE TO SUBSTANTIATE THAT THE SAME WAS SOLD FOR RS.26,072/- ONL Y. ASSESSEE-COMPANY PRODUCED COPY OF THE INVOICE AND AC CORDING TO AO, THE COPY OF THE INVOICE DID NOT CONTAIN THE DETAILS OF PLANT & MACHINERY SOLD. HE OBSERVED THAT THE INVOICE BI LLS SUGGEST THAT THEY ARE PACKING STRIPS AND PAINT TINS ONL Y AND THEY ARE NOT RELEVANT TO ANY PARTICULAR ASSET THAT THE ASSES SEE- COMPANY IS SUPPOSED TO HAVE DELETED. HE THEREFORE TREA TED THAT THE SAME AS NOT A GENUINE TRANSACTION BUT SINCE THE ASSES SING COMPANY HAS ADMITTED THAT THE ASSETS HAVE BEEN SOLD DURI NG THE FINANCIAL YEAR 2003-04, HE REDUCED THE OPENING W DV (WRITTEN DOWN VALUE) OF RS.10,43,660/- FROM THE BLOCK OF ASSETS AND BROUGHT THE DIFFERENCE OF THE SUM OF RS.10,16,878/- (10,43,660 26,782) TO TAX. 4. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A), WHO CONFIRMED THE ORDER OF AO AND THE ASSESSEE IS I N SECOND APPEAL BEFORE US, RAISING THE FOLLOWING GROUNDS: 1. THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-10 , HYDERABAD ERRED BOTH IN LAW AND ON FACTS IN PASSING THE ORDER UPHOLDING THE ASSESSMENT ORDER ULS 143(3), DT.29.07.2016, PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD, WHO IS THE ASSESSING OFFICER. ITA NO. 891/HYD/2017 :- 4 -: 2. THE LD.CIT(A) ERRED IN CONFIRMING ACTION OF THE A.O. IN DELETING RS. 10,16,878/- FROM THE BLOCK OF ASSETS, NAMELY 'PLANT AND MACHINERY' AND 'COMPUTERS' FOR THE PURPOSE OF CALCULATION OF D EPRECIATION, BASING ON OPENING WDV OF THE PLANT AND MACHINERY SOLD. 3. THE LD.CIT (APPEALS) ERRED HOLDING THAT THE ASSE TS ARE NO LONGER IN EXISTENCE AND THEREFORE THE WDV ON THESE ASSETS TO BE REMOVED FROM THE VALUE OF ASSETS FOR THE PURPOSE OF CALCULATION OF DEPRECIATION. 4. THE LD.CIT (APPEALS) OUGHT TO HAVE APPRECIATED T HE FACT THAT THE TOTAL VALUE OF THE ASSETS, NAMELY 'PLANT AND MACHIN ERY' SOLD DURING THE YEAR WAS ONLY RS. 26,072 AND THE APPELLANT ITSE LF DELETED THIS VALUE FROM BLOCK OF ASSETS, FOR THE PURPOSE OF CALC ULATION OF DEPRECIATION. 5. THE LD.CIT (APPEALS) OUGHT TO HAVE APPRECIATED T HE FACT THAT THE A.O. ERRED IN TREATING OPENING WDV OF RS.10,42,660, AS THE ASSETS SOLD INSTEAD OF RS.26,072 WHICH IS THE ACTUAL VALUE OF ASSETS SOLD. 6. THE LD.CIT (APPEALS) OUGHT TO HAVE APPRECIATED T HE FACT THAT THE CIT (APPEALS)-IV, HYDERABAD, HELD IN FAVOUR OF THE APPELLANT ON SAME ISSUE FOR A.Y. 2005-06 IN APPELLANT'S OWN CASE. 7. THE APPELLANT MAY ADD, ALTER OR MODIFY OR SUBSTI TUTE ANY OTHER POINTS TO THE GROUNDS OF APPEAL AT ANY TIME BEFORE OR AT THE TIME OF HEARING OF THE APPEAL. 5. LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT SECTION 43(6)(C) OF THE ACT DEFINES THAT - THE WDV OF AN ASSET SHALL BE INCREASED BY ACTUAL COST OF ANY ASSET FALLING WITHI N THAT BLOCK ACQUIRED DURING THE PREVIOUS YEAR AND REDUCED BY TH E MONEYS PAYABLE IN RESPECT OF ANY ASSET FALLING WITHIN THAT BLOCK, WHICH IS SOLD OR DISCARDED OR DEMOLISHED OR DESTROYED DUR ING THE PREVIOUS YEAR TOGETHER WITH THE AMOUNT OF THE SCRAP VALUE, IF ANY, SO, HOWEVER, THAT THE AMOUNT OF SUCH REDUCTION DOES NOT EXCEED THE WRITTEN DOWN VALUE AS SO INCREASED . THUS, HE SUBMITTED THAT WHAT IS TO BE REDUCED FROM THE WDV OF BLOCK OF ASSETS IS ONLY THE VALUE RECEIVED BY THE ASSESSEE ON SALE OF THE ASSET AND NOT THE ENTIRE WDV OF THE ITA NO. 891/HYD/2017 :- 5 -: SAID ASSET. IN SUPPORT OF HIS CONTENTIONS, LD.COUNSEL F OR THE ASSESSEE PLACED RELIANCE UPON THE FOLLOWING DECISIO NS: I. CIT VS. PARLE SOFT DRINKS (BANGALORE (P) LTD.,) (2017 ) [88 TAXMANN.COM 24 (BOMBAY]/(2018) 400 ITR 108 (BOMBAY); II. BIRLA CORPORATION LTD., VS. DY.CIT (2015) [55 TAXMANN.COM 33 (KOLKATA-TRIB)]; 6. LD.DR, HOWEVER, SUPPORTED THE ORDERS OF AUTHORITIES BELOW. 7. HAVING REGARD TO THE RIVAL CONTENTIONS AND MATERIAL ON RECORD, WE FIND THAT THE HON'BLE HIGH COURT OF BOMBAY I N THE CASE OF CIT VS. PARLE SOFT DRINKS (BANGALORE (P) LTD. ,) (SUPRA) HAS HELD THAT - THE SALE PROCEEDS OF SOFT DRINK BOTTLES BEING CAPITAL ASSETS, COULD NOT BE HELD TO BE A REVENUE R ECEIPT AND AFTER SALE OF OLD BOTTLES, BLOCK OF ASSETS HAD TO B E REDUCED BY AMOUNT OF WHOLE PROCEEDS AND ACCORDINGLY, WHATEVER WAS THERE IN BLOCK OF ASSETS, DEPRECIATION HAD TO BE ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF LAW . 7.1. FURTHER, IN THE CASE OF BIRLA CORPORATION LTD., V S. DY.CIT (SUPRA), THE CO-ORDINATE BENCH OF THE TRIBUNAL HAS CON SIDERED THE PROVISIONS OF SECTION 43(6) AND AT PARAS 35 TO 37 OF ITS ORDER, HELD AS UNDER: 35. THE NEXT ISSUE OF REVENUE'S APPEAL IS AGAINST THE ORDER OF CIT(A) DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF PROFIT ON SALE OF FIXED ASSETS. FOR THIS, REVENUE HAS RAISED FOLLOWIN G GROUND NO.3: ITA NO. 891/HYD/2017 :- 6 -: '3. THAT LD. CIT(A)-VI, KOLKATA HAS ERRED IN LAW AS WELL AS ON FACTS BY DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF PROFIT ON SALE OF FIXED ASSETS FOR RS. 4 5,34,000/-' 36. WE HAVE HEARD RIVAL SUBMISSIONS AND GONE THROUG H FACTS AND CIRCUMSTANCES OF THE CASE. WE FIND THAT THIS ISSUE HAS BEEN DECIDED BY THE TRIBUNAL IN ASSESSEE'S OWN CASE IN ITA NO.19 36/K/20L0 FOR AY 2006-07 DATED 29.07.2001 AGAINST THE REVENUE AND IN FAVOUR OF ASSESSEE. THE TRIBUNAL VIDE PARA 23 OF ITS ORDER HA S HELD AS UNDER: '23. WE HAVE HEARD THE PARTIES AND PERUSED THE MATE RIAL PLACED ON RECORD. SECTION 43(6)(C)(I)(B) SPECIFICALLY REQUIRE S THE REDUCTION OF THE WRITTEN DOWN VALUE OF THE BLOCK OF ASSETS BY THE MO NEYS PAYABLE IN RESPECT OF ANY ASSET FALLING WITHIN THAT BLOCK WHIC H IS SOLD DURING THE PREVIOUS YEAR. WE FIND THAT THE LD. CIT(A) DISCUSSE D THE FACTS AND LEGAL POSITION IN THIS REGARD BY OBSERVING AS UNDER:- I HAVE GONE THROUGH THE SUBMISSIONS OF THE APPELLA NT AND ALSO THE ORDER OF THE AO THE ACCOUNTING TREATMENT CANNOT EFF ECT THE OPERATION OF THE STATUTORY PROVISIONS CONTAINED IN SECTION 43 (6) OF THE ACT. THE LD. AR ARGUED THAT FOR ACCOUNTING PURPOSE AS PER ACCOUN TING STANDARD 10 SOME ASSETS WERE TRANSFERRED FROM HEADING OF FIXED ASSETS TO A SEPARATE HEADING 'OTHER CURRENT ASSETS' WITH A DESC RIPTION 'FIXED ASSETS HELD FOR DISPOSAL'. HOWEVER FOR INCOME TAX P URPOSES THE BLOCK OF ASSETS CONCEPT WAS FOLLOWED AS PER STATUTORY PRO VISIONS. AS PER PROVISIONS OF SECTION 43(6)(C)(I)(B), THE AO IS DIR ECTED TO REDUCE THE SALE PROCEEDS FROM THE WRITTEN DOWN VALUE AND ALLOW DEPRECIATION ON REDUCED WRITTEN DOWN VALUE. THE GROUND OF APPEAL IS ALLOWED. FROM THE ABOVE, IT IS EVIDENT THAT THE LD. CIT(A) H AS POINTED OUT THAT THE ACCOUNTING TREATMENT CANNOT EFFECT THE OPERATION OF THE STATUTORY PROVISIONS CONTAINED IN SECTION 43(6) OF IT ACT AND FOR INCOME -TAX PURPOSES, THE BLOCK OF ASSETS CONCEPT WAS FOLLOWED AS PER STATUTORY PROVIS IONS. CONSIDERING THE TOTALITY OF THE ABOVE FACTS AND LEGAL POSITION, WE DO NOT FI ND ANY JUSTIFICATION TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A) IN THIS REGARD. THE SAME IS SUSTAINED AND THE GROUND NO.3 OF THE REVENUE'S APPEAL IS REJECTED.' 37. SINCE THIS ISSUE IS COVERED IN FAVOUR OF ASSESS EE BY THE AFORESAID DECISION CITED SUPRA, WE FIND NO INFIRMITY IN THE O RDER OF CIT(A) AND CONFIRMED THE SAME. THIS ISSUE OF REVENUE'S APPEAL IS DISMISSED. 7.2. THUS, IT IS CLEAR THAT U/S.43(6) OF THE ACT, THE WDV OF THE BLOCK OF ASSETS IS TO BE REDUCED BY THE SALE PROCEE DS RECEIVED ON SALE OF ONE OR MORE OF THE ASSETS FROM THE BLOCK AND NOT THE ENTIRE WDV OF THE SAID ASSET. THEREFORE, WE DIRECT THE AO TO ITA NO. 891/HYD/2017 :- 7 -: REDUCE ONLY THE SALE PROCEEDS OF RS.26,782/- ONLY FR OM THE WDV OF THE BLOCK OF THE ASSETS AND ALLOW THE DEPRECIA TION ON THE BALANCE OF THE WDV. 8. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH MARCH, 2020 SD/- SD/- ( A. MOHAN ALANKAMONY ) ( P. MADHAVI DEVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DATED: 11-03-2020 TNMM ITA NO. 891/HYD/2017 :- 8 -: COPY TO : 1. M/S.SHAKTI HORMANN PVT. LTD., (FORMERLY KNOWN AS SHAKTI MET DOR LTD), HYDERABAD. C/O.P.MURALI & CO., CHARTERED ACCOUNTANTS, 6-3-655/2/3, 1 ST FLOOR, SOMAJIGUDA, HYDERABAD. 2. THE DCIT, CIRCLE-3(1), HYDERABAD. 3. CIT(APPEALS)-10, HYDERABAD. 4. THE CIT(IT&TP)-HYDERABAD. 5. D.R. ITAT, HYDERABAD. 6. GUARD FILE.