Smt Alo Aich, Kolkata V. ITO, Ward-51(1), Kolkata, Kolkata

MA 143/KOL/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9458 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 04-09-2012
• Court: TRIBUNAL
• Department Lawyers: D J MEHTA
• Assessee Lawyers: MANOJ KATARUKA
• Keywords: Business income; Depreciation

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA () BEFORE , /AND , . . !' ) [BEFORE SHRI MAHAVIR SINGH, JM & SHRI C. D. RAO, AM ] M.A. NO.143/KOL/2012 IN # # # # / I.T.A NO. 73/KOL/2012 $% &' $% &' $% &' $% &'/ // / ASSESSMENT YEAR: 2007-08 SMT. ALO AICH VS. INCOME-TAX OFFICER, WD-51(1) , KOLKATA (PAN:ADBPA6454A) ()* /APPELLANT ) (+,)*/ RESPONDENT ) DATE OF HEARING: 19.10.2012 DATE OF PRONOUNCEMENT: 19.10.2012 FOR THE APPELLANT: SHRI MANOJ KATARUKA, ADVOCATE FOR THE RESPONDENT: SHRI D. J. MEHTA, SR. DR !- / ORDER THE ONLY ISSUE IN THIS MISC. APPLICATION OF ASSESSE E IS AGAINST THE ORDER OF TRIBUNAL DATED 21.06.2012 IN RESPECT TO THE ISSUE REGARDING DEPRECIATION ON MOTOR CAR NOT PRESSED BY ASSESSEE. ASSESSEES COUNSEL BEFORE US NOW CONTEND ED THAT DURING THE COURSE OF HEARING ON 20.06.2012 THE SECOND ISSUE IN RESPECT OF DEPRECIAT ION ON MOTOR CAR IS AN ALTERNATIVE PLEA AND WOULD NOT BE PRESSED IF THE FIRST ISSUE IS DECIDED IN FAVOUR OF THE ASSESSEE I.E. THE INCOME FROM CEREMONIAL HOUSE WAS TO BE TREATED AS INCOME FROM H OUSE PROPERTY OR BUSINESS INCOME. LD. COUNSEL FOR THE ASSESSEE BEFORE US STATED THAT ON C ONCLUSION OF HEARING ON 21.06.2012, HONBLE BENCH OBSERVED THAT FROM THE READING OF THE ORDER O F CIT(A) FOR AY 2007-08 IN THE CASE OF ASSESSEES HUSBAND IT TRANSPIRED THAT INCOME FROM C EREMONIAL HOUSE HAS BEEN ASSESSED AS BUSINESS INCOME AND, THEREFORE, IT CONFIRMED FIRST ISSUE IN FAVOUR OF THE DEPARTMENT. LD. COUNSEL BEFORE US NOW STATED THAT ONCE THIS INCOME FROM CEREMONIAL HOUSE HAS BEEN CONFIRMED AS BUSINESS INCOME THE ASSESSEES ALTERNATIVE CONTE NTION WAS TO BE CONSIDERED RATHER IT CANNOT BE TREATED AS NOT PRESSED. ALTRNATIVE PLEA OF THE ASSESSEE BEFORE BENCH WAS THAT IN CASE INCOME FROM CEREMONIAL HOUSE HAS BEEN DIRECTED TO BE ASSES SED AS BUSINESS INCOME THE DEPRECIATION ON MOTOR CAR SHOULD BE ALLOWED. 2. ON QUERY FROM THE BENCH, THE LD. SR. DR FAIRLY C ONCEDED THE POSITION. 3. WE FIND FROM THE TRIBUNALS ORDER AS WELL AS THE ARGUMENTS AND MISC. PETITION OF THE ASSESSEE THAT THE TRIBUNAL COMMITTED MISTAKE IN NOT ING THAT THE ASSESSEE HAS NOT PRESSED THE 2 MA 143/K/2012 SMT. ALO AICH A.Y. 2007-08 ISSUE AS RGARDING DEPRECIATION ON MOTOR CAR. HENCE , WE CORRECT OUR MISTAKE AND CONSEQUENTIAL DEPRECIATION ON MOTOR CAR SHOULD BE ALLOWED FROM IN COME FROM CEREMONIAL HOUSE WHICH WAS TREATED AS BUSINSS INCOME. WE DIRECT THE AO ACCORD INGLY. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. 5. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- . . !' , (C. D. RAO) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER ( ' ' ' ') )) ) DATED : 19 TH OCTOBER, 2012 ./ $01 2 JD.(SR.P.S.) 3 MA 143/K/2012 SMT. ALO AICH A.Y. 2007-08 !- 3 +4 5!4&6- COPY OF THE ORDER FORWARDED TO: 1 . )* / APPELLANT SMT. ALO AICH, 7, INDRALOK, BARASAT RO AD, SODEPUR, 24 PARGANAS (N), KOLKATA-700 110 2 +,)* / RESPONDENT ITO, WARD-51(1), KOLKATA 3 . -$ ( )/ THE CIT(A), KOLKATA 4. 5. -$ / CIT KOLKATA 4<= +$ / DR, KOLKATA BENCHES, KOLKATA ,4 +/ TRUE COPY, !-$>/ BY ORDER, 1 /ASSTT. REGISTRAR . `