Sh. Jaspreet Singh Mauj, Ludhiana V. DCIT/ACIT, CC-1, Ludhiana

MA 16/CHANDI/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6787 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 05-10-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 02-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

आयकर अपीलȣय अͬधकरण, चÖडीगढ़ Ûयायपीठ, चÖडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, ‘A’, CHANDIGARH BEFORE SHRI A.D. JAIN, VICE PRESIDENT & SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER M.A.No. 16/Chd/2023 (Arising out of आयकर अपील सं./ITA No. 755/CHD/2022 Ǔनधा[रण वष[ / Assessment Year : 2018-19 Shri Jaspreet Singh Mauj, 10-1, Sarabha Nagar, Ludhiana बनाम The DCIT /ACIT, CC-1, Ludhiana èथायीलेखासं./PAN NO: ALGPM6469C अपीलाथȸ/Appellant Ĥ×यथȸ/Respondent Ǔनधा[ǐरती कȧ ओर से/Assessee by : Sh. Y.K.Sud, CA राजèव कȧ ओर से/ Revenue by : Smt. Amanpreet Kaur, Sr. DR स ु नवाईकȧतारȣख/Date of Hearing : 06.10.2023 उदघोषणाकȧतारȣख/Date of Pronouncement : 06.10.2023 आदेश/Order Per A.D. Jain, Vice President: The present Misc. Application arising out of ITA No. 755/Chd/2022 has been moved by the Assessee pleading therein for recalling the order dated 21.07.2023 passed by the Tribunal. 2. The contention of the ld. Counsel for the Assessee is that though the appeal of the Assessee was allowed by the Bench vide Para MA. No. 16/Chd/2023 in ITA 755/Chd/2022 - Shri Jaspreet Singh Mauj, Ludhiana 2 9 of the order but the Bench had not given any specific finding on Ground No. 2, which reads as follows: “That the Worthy Commissioner of Income Tax (Appeals)-V, has erred in upholding the contention of the A.O. by not allowing depreciation claim on the said Building.” 3. The Applicant, in his Application, contented that during the course of hearing of the appeal, the Counsel had argued that depreciation amounting to Rs. 3 lacs disallowed by the A.O. has wrongly been upheld by the CIT(A) since the claim of depreciation was made against the investment in building which was out of surrendered income and on query from the Bench, attention was drawn to the judgement of the Indore Bench of the ITAT in ‘ACIT vs. A One Enclave’, ITA No. 828/Cchd/2018, a copy of which was filed before the Bench. The ld. Counsel for the Assessee has prayed that the mistake, which is apparent from record, be rectified by disposing of Ground No.2, and the order of the Tribunal be accordingly modified. 4. The ld. DR, on the other hand, though has relied on the order of the Tribunal but could not refute the aforementioned submissions of ld. AR. 4. We have gone through the order of the Tribunal dated 21.7.2023 and find that the Tribunal has disposed of the issues raised by the Assessee but inadvertently the findings with respect to the issue raised through Ground No. 2, pertaining to the claim of MA. No. 16/Chd/2023 in ITA 755/Chd/2022 - Shri Jaspreet Singh Mauj, Ludhiana 3 depreciation on the building, is left out which evidently is a mistake apparent from the record qua this issue and the grievance of the Applicant in this regard is justified. 5. Accordingly, on this issue, i.e., Ground No.2, our order dated 21.7.2023 is hereby recalled to this limited extent. The Registry is directed the fix the appeal for hearing qua Ground No.2 raised by the Assessee on 13.11.2023, under notice to the parties. 6. In the result, the Application is allowed, as indicated above. Order pronounced on 6.10.2023. Sd/- Sd/- (VIKRAM SINGH YADAV) ( A.D. JAIN ) Accountant Member Vice President Dated : 6. 10.2023 “आर.के.” आदेशकȧĤǓतͧलͪपअĒेͪषत / Copy of the order forwarded to : 1. अपीलाथȸ/ The Appellant 2. Ĥ×यथȸ/ The Respondent 3. आयकरआय ु Èत/ CIT 4. ͪवभागीयĤǓतǓनͬध, आयकरअपीलȣयआͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH 5. गाड[फाईल/ Guard File आदेशान ु सार/ By order, सहायकपंजीकार/ Assistant Registrar