Zawar Sales Ltd, Pune V. ACIT, Pune

MA 157/PUN/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1286 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 23-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO.157/PN/2013 (ARISING OUT OF ITA NO.1267/PN/2011) (ASSESSMENT YEAR : 2007-08) ZAWAR SALES PVT. LTD., B 105, KALPA TARU PLAZA, 244, BHAWANI PETH, PUNE - 411 042 PAN : AACCZ0593N . APPELLANT VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE. . RESPONDENT APPELLANT BY : MR. S. N. PURANIK RESPONDENT BY : MR. S. P. WALIMBE DATE OF HEARING : 22-11-2013 DATE OF PRONOUNCEMENT : 13-12-2013 ORDER PER G. S. PANNU, AM THIS MISCELLANEOUS APPLICATION HAS BEEN PREFERRED BY THE ASSESSEE WITH RESPECT TO THE ORDER OF THE TRIBUNAL DATED 25. 06.2013 WHEREBY THE CROSS- APPEALS OF THE ASSESSEE AND THE REVENUE PERTAINING TO THE ASSESSMENT YEAR 2007-08 WERE DISPOSED-OFF. 2. BY WAY OF THE PRESENT PETITION, IT IS SOUGHT TO BE MADE OUT THAT CERTAIN GROUNDS OF APPEAL RAISED HAVE NOT BEEN ADJUDICATED. FIRSTLY, IT IS POINTED OUT THAT GROUND OF APPEAL NO.1 IN THE ASSESSEES APPEAL RELATING TO THE DEPRECIATION OF WINDMILL AND THE CROSS-GROUND OF APPEAL RAISED BY THE DEPARTMENT IN THE REVENUES APPEAL HAS NOT BEEN ADJ UDICATED AND THEREFORE THERE IS AN ERROR IN THE ORDER OF THE TRIBUNAL DATE D 25.06.2013 (SUPRA) WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT , 1961 (IN SHORT THE ACT). MA NO.157/PN/2013 A.Y. 2007-08 3. THE AFORESAID POINT RAISED IN THE PRESENT PETITI ON IS BORNE-OUT OF RECORD AND ACCORDINGLY THE ORDER OF THE TRIBUNAL DATED 25. 06.2013 (SUPRA) IS RECALLED FOR THE LIMITED PURPOSE OF ADJUDICATING THE CROSS-G ROUND OF APPEAL RAISED WITH RESPECT TO THE DEPRECIATION OF WINDMILL. 4. FURTHERMORE, IT IS ALSO POINTED OUT BY THE ASSES SEE THAT GROUND OF APPEAL NO. 6 RELATING TO THE CHARGEABILITY OF INTER EST HAS ALSO NOT BEEN ADJUDICATED, WHICH ALSO REQUIRES THE ORDER OF THE T RIBUNAL BE RECALLED TO THAT EXTENT. ON THIS ASPECT ALSO, WE HOLD THAT THE ORDE R OF THE TRIBUNAL BE RECALLED AND THE GROUND OF APPEAL NO. 6 BE ADJUDICATED. 5. IN THE RESULT, ON ACCOUNT OF THE AFORESAID THE O RDER OF THE TRIBUNAL IS RECALLED TO THE EXTENT OF ADJUDICATING THE MATTERS MENTIONED ABOVE AND THE REGISTRY IS DIRECTED TO POST THE APPEALS BEFORE THE BENCH ON 20.12.2013. 6. RESULTANTLY, THE MISCELLANEOUS APPLICATION OF TH E ASSESSEE IS ALLOWED, AS ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2013. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 13 TH DECEMBER, 2013 SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-III, PUNE; 4) THE CIT-III, PUNE; 5) THE DR, A BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE