DCIT, CHENNAI V. Century Flour Mills Ltd., CHENNAI

MA 104/CHNY/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3451 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 2 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-07-2022
• Assessment Year: 2008-2009
• Appeal Filed On: 01-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 80IA

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी ’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं Įी मनोज क ु मार अĒवाल, लेखा सदèय के सम¢ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ͪवͪवध याͬचका सं / M.A. Nos.103, 104 & 105/CHNY/2019 & 250/CHNY/2015 (arising in I.T.A. Nos. 716, 717 & 718 & 715/CHNY/2014) Ǔनधा[रण वष[ / Assessment Years : 2007-08, 2008-09, 2009-10 & 2006-07 The DCIT, Company Circle I(3), Chennai. v. M/s. Century Flour Mills Ltd., Indian Chamber Builders, First Floor, Esplanade, Chennai – 600 018. PAN: AAACC 1223C (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) Ĥाथ[क कȧ ओर से /Petitioner by : Shri S. Nagarajan, CA Ĥ×यथȸ कȧ ओर से/Respondent by : Shri P. Sajit Kumar, JCIT स ु नवाई कȧ तारȣख/ Date of hearing : 22.07.2022 घोषणा कȧ तारȣख /Date of Pronouncement : 22.07.2022 आदेश /O R D E R PER MAHAVIR SINGH, VP: These four Miscellaneous Applications filed by the Revenue are arising out of the order of the Tribunal in ITA Nos. 715, 716, 717 & 718/Mds/2014, order dated 21.11.2014. 2 M.A Nos.103 to 105/CHNY/2019 & 250/CHNY/2015 M.A. Nos.103, 104 & 105/CHNY/2019, AYs 2007-08 to 2009-10:- 2. The ld.AR for the assessee stated that the Miscellaneous Applications filed by the Revenue for the AYs 2007-08 to 2009-10 are barred by limitation for the reason that the order of Tribunal is 21.11.2014, which was received by the office of Commissioner on 03.12.2014, which is evident from the stamp affixed on the order filed along with the Miscellaneous Applications and even, if the time barring is considered under old law i.e., 4 years from the end of the financial year in which order is passed, the time barring comes as on 31.03.2019. The three Miscellaneous Applications were filed by Revenue on 02.05.2019, which means that these are clearly barred by limitation. When these facts were put to ld. Senor DR, he could not controvert the above facts and relied on the Miscellaneous Applications filed by the Revenue. 3. After hearing rival contentions and going through the facts, we noted that admittedly the CIT(A) received the Tribunal’s order on 03.12.2014 and from the end of the financial year i.e., 31.03.2015, the Miscellaneous Petitions could have been filed by the Revenue on or before 31.03.2019 i.e., within four years. But the Miscellaneous Applications for the AYs 2007-08 to 2009-10 were filed only on 3 M.A Nos.103 to 105/CHNY/2019 & 250/CHNY/2015 02.05.2019, which means that these are barred by limitation and hence, dismissed. M.A. No. 250/CHNY/2015, AY 2006-07 4. Coming to M.A. No.250/Chny/2015, the ld. Senior DR took us through the grounds raised before the Tribunal i.e., Ground Nos.2.1 & 2.2, which reads as under:- 2.1 The decision of the ld.CIT(A) is against the provisions of Sec.80AB of the I.T.Act. The ld.CIT(A) erred in allowing deduction u/s 80-IA by holding that the deduction u/s 80IA is allowable on windmills by considering each windmill separately. 2.2 The CIT(A) erred in appreciating the fact that as per the provisions of Sec.80IA(4), the entire windmill operation has to be treated as undertaking and deduction would be allowed only when the entire depreciation and expenditure of such composite undertaking consistently of windmills in it is exhausted. 4.1 He then took us through the Tribunal’s order in ITA No.715/Chny/2014 for assessment year 2006-07 dated 21.11.2014 and stated that this issue of allowance of claim of deduction u/s.80IA of the Act by the CIT(A) allowing on windmills by considering each one windmill separately has nowhere been adjudicated. To this, ld.AR for the assessee fairly agreed. 5. After hearing both the sides and going through the facts, we recall the grounds raised in ITA No.715/Chny/2014 i.e., Ground 4 M.A Nos.103 to 105/CHNY/2019 & 250/CHNY/2015 Nos.2.1 & 2.2 above reproduced. Only, these two grounds are recalled. The Registry is directed to fix this appeal for hearing in the regular course by issuing notice to both the parties. 6. In the result, the Miscellaneous Applications filed by the Revenue in M.A Nos. 103, 104 & 105/CHNY/2019 are dismissed and M.A. No.250/CHNY/2015 is allowed. Order pronounced in the open court on 22 nd July, 2022 at Chennai Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 22 nd July, 2022 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. ᮧाथᭅक/Petitioner 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ )अपील(/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.