Gujarat Energy Transmission Corpn.Ltd., Baroda V. The Dy.CIT.,Circle-1(1), Baroda

MA 100/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0620 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 03-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R R MAKWANA
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Business income; Depreciation
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.100/AHD/2020 (IN ITA NO. 2716/AHD/2013) (ASSESSMENT YEAR: 2007-08) GUJARAT ENERGY TRANSMISSION CORP. LTD. SARDAR PATEL VIDYUT BHAVAN, RACE COURSE CIRCLE, BARODA VS. DCIT CIRCLE-1(1), BARODA [PAN NO. AABCG4029R] ( APPELLANT ) .. ( RESPONDENT ) M.A. NO.135/AHD/2020 (IN ITA NO. 2716/AHD/2013) (ASSESSMENT YEAR: 2007-08) DCIT CIRCLE-1(1), BARODA VS. GUJARAT ENERGY TRANSMISSION CORP. LTD. SARDAR PATEL VIDYUT BHAVAN, RACE COURSE CIRCLE, BARODA [PAN NO. AABCG4029R] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI MEHUL K. PATEL, AR RESPONDENT BY : SHRI R. R. MAKWANA, SR. DR DATE OF HEARING 07/05/2021 DATE OF PRONOUNCEMENT 15/07/2021 O R D E R PER MS. MADHUMITA ROY - JM: THE ASSESSEE HAS FILED THE MISCELLANEOUS APPLICATIO N FOR RECTIFICATIONS OF THE ORDER DATED 05.09.2019 PASSED IN ITA NO. 2716/AHD/2 013. ONE OF SUCH RECTIFICATION AS PRAYED FOR IS MENTIONING OF ASSESS MENT YEAR 2007-08 IN THE CAUSE - 2 - MA N O.100/AHD/2020 & 135/AHD/2020(IN ITA NO.2716/A/13) GUJARAT ENERGY TRANSMISSION CORP. LTD. VS. DCIT ASST.YEAR 2007-08 TITLE APPEARING AT PAGE 1 OF THE SAID ORDER. HAVIN G REGARD TO THIS PARTICULAR FACT THE WORD ASSESSMENT YEAR 2007-08 IS HEREBY ADDED IN R ESPECT OF ITA NO. 2716/AHD/2013 AT PAGE 1 BELOW THE CAUSE LIST OF THE SAID ORDER. 2. BY WAY OF THIS APPLICATION ANOTHER DEFECT HAS BE EN POINTED OUT APPEARING AT PAGE 23 PARAGRAPH 18 WHEREIN THE GROUND NO. 1 OF IT A NO. 2716/AHD/2013 FOR A.Y. 2007-08 HAS BEEN DECIDED AGAINST THE ASSESSEE ON THE BASIS OF THE ORDER ALREADY PASSED IN ITA NO. 652/AHD/2013 FOR A.Y. 200 9-10 ON THE IDENTICAL ISSUE. HOWEVER, IT APPEARS AT PAGE 17 PARAGRAPH 13 THE SAI D IDENTICAL GROUND HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE FOR STATISTICAL P URPOSES BY REMITTING THE ISSUE TO THE FILE OF THE LD. AO FOR RE-ADJUDICATION OF THE I SSUE AND TO PASS ORDER UPON VERIFICATION OF THE PROPORTIONATE AMOUNT OF GRANT R ELATING TO THE DIFFERENT ASSETS AND UPON APPLYING THE ACTUAL DATE OF DEPRECIATION RELAT ES TO THOSE ASSETS. HENCE, THIS IS AN ERROR APPARENT ON THE FACE OF THE RECORD AT PARA GRAPH 18 IN RESPECT OF GROUND NO. 1 OF ITA NO. 2716/AHD/2013 FOR A.Y. 2007-08. T HE SAME IS REQUIRED TO BE RECTIFIED. THEREFORE, THE WORD AGAINST AS APPEAR ING ON THE FIRST LINE OF PARAGRAPH 18 OF PAGE 23 OF THE ORDER BE SUBSTITUTED IN FAVOU R OF AND THE WORDS FOR STATISTICAL PURPOSES TO BE ADDED AFTER THE WORD AS SESSEE ON THE FIRST LINE OF PARAGRAPH 18 AT PAGE 23 OF THE ORDER. 3. THE GROUND NO. 2 OF ITA NO. 2716/AHD/2013 FOR A. Y. 2007-08 HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE AS APPEARING AT P ARAGRAPH 19 OF PAGE 24 TAKING INTO CONSIDERATION THE ORDER PASSED ON THE IDENTICA L ISSUE IN ITA NO. 652/AHD/2013 FOR A.Y. 2009-10. HOWEVER, THE IDENTICAL ISSUE AS APPEARING AT PARAGRAPH 15 AT PAGE 22 OF THE SAID ORDER, HAS BEEN DECIDED AGAINST THE ASSESSEE. CONSIDERING THE - 3 - MA N O.100/AHD/2020 & 135/AHD/2020(IN ITA NO.2716/A/13) GUJARAT ENERGY TRANSMISSION CORP. LTD. VS. DCIT ASST.YEAR 2007-08 ABOVE ASPECT THIS GROUND NEEDS TO BE DECIDED AGAINS T THE ASSESSEE IT SEEMS TO BE A TYPOGRAPHICAL ERROR. HENCE, THE ORDER IS MODIFIED ACCORDINGLY. THUS, THE GROUND NO. 2 OF ITA NO. 2716/AHD/2013 FOR A.Y. 2007-08 IS DECIDED AGAINST THE ASSESSEE. HENCE, THE MISCELLANEOUS APPLICATION PREFERRED BY T HE APPELLANT, THUS, ALLOWED. 4. THE MISCELLANEOUS APPLICATION FILED BY THE REVEN UE RELATES TO THE GROUND NO. 2 AS REGARDS ADDITION OF INTEREST INCOME FROM S TAFF LOANS AND ADVANCES AS AGAINST BUSINESS INCOME. BY AND UNDER PARAGRAPH 19 AT PAGE 24 THE SAID GROUND OF APPEAL HAS BEEN DECIDED THOUGH IN FAVOUR OF THE ASS ESSEE RELYING UPON THE ORDER PASSED IN THE MATTER OF ITA NO. 652/AHD/2013 FOR A. Y. 2009-10 AT PARAGRAPH 15 THEREIN, WE HAVE ALREADY RECTIFIED SUCH MISTAKE AS INDICATED BY THE REVENUE IN THE INSTANT APPLICATION; SUCH MISTAKE HAS BEEN RECTIFIE D WHILE DEALING WITH THE MISCELLANEOUS APPLICATION PREFERRED BY THE APPELLAN T IN M.A. NO. 100/AHD/2020 AT PARAGRAPH 3 THEREIN. THUS, THE OBSERVATION MADE IN PARAGRAPH 3 OF THE SAID ORDER IS REITERATED. HENCE, THE ISSUE IS ALREADY D ECIDED BY US IN ITA NO. 652/AHD/2013 OF A.Y. 2009-10 AT PARAGRAPH 15 OF PAG E 22 IS APPLIED MUTATIS MUTANDIS. HENCE, REVENUES APPEAL IS, THUS, ALLOWE D. 5. IN THE COMBINED RESULT, MISC. APPLICATION FILED BY THE ASSESSEE AND THE REVENUE BOTH ARE ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 15/07/2021 SD/- SD/- (WASEEM AHMED) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 15/07/2021 TANMAY, SR.PS - 4 - MA N O.100/AHD/2020 & 135/AHD/2020(IN ITA NO.2716/A/13) GUJARAT ENERGY TRANSMISSION CORP. LTD. VS. DCIT ASST.YEAR 2007-08 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A). 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 07/07/2021. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 09/07/2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 14 /07/2021 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S /07/2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 16/07/2021 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER