ABI Showtech (Indai) Ltd., CHENNAI V. DCIT, CHENNAI

MA 177/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4935 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 11-11-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 05-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTHJCIT
• Assessee Lawyers: R VIJAYARAGHAVAN
• Keywords: Depreciation; Additional depreciation
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , . ! , ' # BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.A.NO.177/MDS/2016 [IN I.T.A.NO.157/MDS/2014] ASSESSMENT YEAR : 2008-09 M/S.ABI SHOWATECH (INDIA) LTD., 67, CHAMIERS ROAD, CHENNAI 600 028. PAN: AABCA 8160 B V. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE I(1), CHENNAI. (APPLICANT) ( /RESPONDENT) APPLICANT BY : SHRI R.VIJAYARAGHAVAN, ADVOCATE RESPONDENT BY : SHRI A.V.SREEKANTH, JCIT $ %&' /DATE OF HEARING : 14.10.2016 ' ( %&' /DATE OF PRONOUNCEMENT : 14.10.2016 /O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PETI TION ON THE GROUND THAT THERE IS A MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 04.03.2016. 2 M.A.NO.177/MDS/2016 2. SHRI R.VIJAYARAGHAVAN, THE LEARNED COUNSEL FOR T HE ASSESSEE SUBMITTED THAT THIS TRIBUNAL ADJUDICATED THE APPEAL OF THE ASSESSEE AND THE REVENUE FOR THE ASSESSMENT YEAR 2008-09 AND 200 9-10 BY A COMMON ORDER DATED 04.03.2016. THE COMMON ISSUE ARISES FOR CONSIDERATION FOR ASSESSMENT YEARS 2008-09 AND 2009-10 WAS ADJUDICATE D IN PARAGRAPHS 22 TO 31. ACCORDING TO THE LEARNED REPRESENTATIVE, THE COMMON GROUND IS ADDITIONAL DEPRECIATION CLAIMED BY THE ASSESSEE DUR ING THE YEAR UNDER CONSIDERATION. REFERRING TO PARAGRAPH 22 OF THE ORD ER OF THIS TRIBUNAL DATED 04.03.2016, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT WHILE REFERRING THE ASSESSMENT YEAR AS 2008-09 AND 2009-10, IN THE NEXT LINE, THIS TRIBUNAL REFER ITA NO.158/MDS/2014 WHICH RELATES TO ASSESSMENT YEAR 2009-10. THEREFORE, THERE WAS CONFU SION WHETHER THIS ORDER IS ALSO APPLICABLE FOR THE ASSESSMENT YEAR 20 08-09. HENCE, THERE IS A MISTAKE IN THE ORDER. 3. WE HEARD SHRI A.V.SREEKANTH, THE LEARNED REPRESE NTATIVE FOR THE DEPARTMENT. THE LEARNED DEPARTMENT REPRESENTATIVE V ERY FAIRLY SUBMITTED THAT EVEN THOUGH THE ASSESSMENT YEARS 2008-09 AND 2 009-10 WERE REFERRED AT PARAGRAPH 22, IN THE NEXT LINE ONLY APP EAL NUMBER RELATES TO 2009-10 WAS REFERRED. THEREFORE, THE OMISSION TO RE FER ITA NUMBER RELATES TO ASSESSMENT YEAR 2008-09 IS AN ERROR WHIC H NEEDS TO BE RECTIFIED. 3 M.A.NO.177/MDS/2016 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AT PARAGRAPH 22, THIS TRIBUNAL ADJUDICATED THE ISSUE RAISED BY THE ASSESS EE FOR THE ASSESSMENT YEAR 2008-09 & 2009-10. THE ASSESSEE HAS RAISED TWO GROUNDS. ONE RELATES TO DISALLOWANCE MADE BY THE AO UNDER SECTIO N 14A AND ANOTHER RELATES TO ADDITIONAL DEPRECIATION. BOTH THE GROUND S WERE ADJUDICATED. HOWEVER, THE APPEAL NUMBER RELATES TO 2008-09 WAS N OT REFERRED IN THE ORDER. THEREFORE, AS RIGHTLY SUBMITTED BY THE LEARN ED COUNSEL, THERE WAS A CONFUSION WHETHER THIS ORDER RELATES TO ASSESSMENT YEAR 2008-09 OR NOT. HENCE, THE MATTER NEEDS TO BE RECTIFIED. ACCORDINGL Y, THE ORDER OF THIS TRIBUNAL DATED 04.03.2016 IS HEREBY RECTIFIED AS FO LLOWS. AT PARAGRAPH 22, PAGE 12 OF THE ORDER DATED 04.03.2016, THE FOLLOWIN G SHALL BE INSERTED AT THE THIRD LINE. WE TAKE BOTH THE APPEALS OF THE ASSESSEE IN ITA NO S. 157 & 158/MDS/2014 FOR ASSESSMENT YEARS 2008-09 & 2009-10 . NOW, AFTER RECTIFICATION, PARAGRAPH 22 OF THE ORD ER SHALL BE READ AS FOLLOWS: NOW COMING TO THE ASSESSEES APPEALS FOR THE ASSES SMENT YEARS 2008-09 AND 2009-10, COMMON ISSUE ARISES FOR CONSID ERATION IN BOTH THE APPEALS. WE TAKE THE ITA NOS.157 & 158/MDS /2014 FOR THE ASSESSMENT YEARS 2008-09 & 2009-10. 4 M.A.NO.177/MDS/2016 THE ORDER OF THIS TRIBUNAL DATED 04.03.2016 IS RECT IFIED ACCORDINGLY. ORDER PRONOUNCED ON 14 TH OCTOBER, 2016 AT CHENNAI. SD/- SD/- ( . ! ) ( . . . ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) ' /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, ) /DATED, THE 14 TH OCTOBER, 2016. SP. % *&+, -,(& /COPY TO: 1. ./ /APPELLANT 2. *0./ /RESPONDENT 3. $ 1& ( )/CIT(A) 4. $ 1& /CIT, 5. ,2 *& /DR 6. 3 4 /GF.