Mr. Vikram Viswanathan, CHENNAI V. DCIT, CHENNAI

ITA 932/CHNY/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58117 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 12-03-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 11-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R VIJAYARAGHAVAN
• Keywords: Depreciation
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ITA NO.928(MDS)/2010 ASSESSMENT YEAR: 2006-07 DR.ARUNA VISWANATHAN, VIKRAM HOSPITAL, 69, VENKATASWAMY ROAD (WEST) R.S. PURAM, COIMBATORE. PAN ABZPA8357L. VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE IV, COIMBATORE. (APPELLANT) (RESPONDENT) ITA NO.929(MDS)/2010 ASSESSMENT YEAR: 2006-07 DR.P.G.VISWANATHAN, THE DEP UTY COMMISSIONER 69-WEST VENKATASWAMY RD., VS. OF INCOME-TAX, R.S.PURAM, COIMBATORE. CENTRAL C IRCLE IV, PAN ABFPV4786J. COIMBATO RE. (APPELLANT) (RESPONDENT) ITA NO.931(MDS)/201 0 ASSESSMENT YEAR: 2006-0 7 DR.ANJANA VISWANATHAN, THE DEPUT Y COMMISSIONER VENKATASWAMY RD.(WEST) VS. OF INCOME-TAX, R.S.PURAM, COIMBATORE. CENTRAL C IRCLE IV, PAN ACBPA4663N. COIMBATOR E. (APPELLANT) (RESPONDENT) AND - - ITA 928, 929, 931 & 932 OF 2010 2 ITA NO.932(MDS)/2010 ASSESSMENT YEAR: 2006-07 MR.VIKRAM VISWANATHAN, THE DEPUTY COMMISSIONER 69, VENKATASWAMY RD.(W) VS. OF INCOME-TAX, R.S.PURAM, COIMBATORE. CENTRAL CIR CLE IV, PAN ABFPV4787K. COIMBATORE. (APPELLANT) (RESPONDENT) APPELLANTS BY : SHRI R.VIJAYARAGHAVAN, ADVO CATE RESPONDENT BY : SHRI SHAJI P JACOB, IRS, COMMI SSIONER OF IT DATE OF HEARING : 12 TH MARCH, 2012 DATE OF PRONOUNCEMENT : 16 TH MARCH, 2012 O R D E R PER DR.O.K.NARAYANAN, VICE-PRESIDENT: THESE FOUR APPEALS ARE FILED BY THE ASSESSEES AND THE COMMON ASSESSMENT YEAR IS 2006-07. THESE APPEALS A RE DIRECTED AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME- TAX(APPEALS)-II AT COIMBATORE, DATED 30-3-2010 AND ARISE OUT OF THE ASSESSMENTS COMPLETED UNDER SECTION 143(3) OF T HE INCOME- TAX ACT, 1961. 2. THE COMMON GROUND RAISED BY THE ASSESSEES IN THESE APPEALS IS THAT THE COMMISSIONER OF INCOME-TA X(APPEALS) - - ITA 928, 929, 931 & 932 OF 2010 3 HAS ERRED IN DISALLOWING THEIR CLAIMS FOR DEPRECIAT ION ON A PRO RATA BASIS AS CO-OWNERS OF WIND ENERGY GENERATOR (W EG). 3. IT IS THE CASE OF ALL THE ASSESSEES THAT THEY A RE CO- OWNERS OF WEG ALONGWITH SMT. V.MUTHULAKSHMI, PROPRI ETRIX OF M/S.VIKRAM HOSPITAL, COIMBATORE AND, THEREFORE, THE DEPRECIATION SHOULD HAVE BEEN DISTRIBUTED PROPORTIONATELY AMONGS T THEM. 4. THIS ISSUE HAS BEEN CONSIDERED BY US IN THE APPEALS FILED BY SMT. V.MUTHULAKSHMI AND BY THE REV ENUE IN ITA NOS.930 AND 1328(MDS)/2010, WHICH HAVE BEEN DISPOSE D OF THROUGH OUR ORDER OF EVEN DATE. WE HAVE HELD THERE IN THAT THE COMMISSIONER OF INCOME-TAX(APPEALS) IS RIGHT IN LAW IN HOLDING THAT SMT. V.MUTHULAKSHMI IS THE OWNER OF THE WEG IN HER CAPACITY AS THE SOLE PROPRIETRIX OF M/S.VIKRAM HOSP ITAL. WE HAVE UPHELD THE DIRECTION OF THE COMMISSIONER OF INCOME- TAX(APPEALS) TO ALLOW THE ENTIRE DEPRECIATION IN HER HANDS. THE MATTER BEING SO, IT IS NOT POSSIBLE FOR US TO ACCEPT THE ARGUMEN TS OF THE ASSESSEES REGARDING THE CLAIM OF FRACTIONAL DEPRECI ATION. 5. IN RESULT, ALL THESE APPEALS ARE DISMISSED. - - ITA 928, 929, 931 & 932 OF 2010 4 ORDER PRONOUNCED ON FRIDAY, THE 16 TH OF MARCH, 2012 AT CHENNAI. SD/- SD/- (CHALLA NAGENDRA PRASAD) (DR. O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 16 TH MARCH, 2012. V.A.P. COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT (4) CIT(A) (5) D.R. (6) G.F.