JCIT, Madurai V. M/s. Madras Cements Ltd., CHENNAI

MA 192/CHNY/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5857 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-04-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 1997-1998
• Appeal Filed On: 29-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J PRABHAKAR
• Assessee Lawyers: E PAVUNA SUNDARI
• Keywords: Depreciation

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.P. NO.192/CHNY/2017 (IN I.T.A. NO.1121/MDS/2001) ' (' / ASSESSMENT YEAR : 1997-98 M/S MADRAS CEMENTS LTD., NOW KNOWN AS RAMCO CEMENTS LTD., RAMAMANDIRAM RAJAPALAYAM 626 117. PAN : AABCM 8375 L V. THE JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE I, MADURAI. (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : SHRI J. PRABHAKAR, CA *,+- / 0 / RESPONDENT BY : SMT. E. PAVUNA SUNDARI, JCIT 1 / 2$ / DATE OF HEARING : 26.04.2019 3'( / 2$ / DATE OF PRONOUNCEMENT : 26.04.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THE ISSUE RAISED BY THE ASSESSEE WITH REGARD TO DEPRECIATION IN RESPECT OF CROSS BELT ANALYSER AND MAGNETIC SEPARATOR WAS NOT CONSIDERED AND DISPOSED OF BY THI S TRIBUNAL WHILE DISPOSING OF THE APPEAL. 2 M.P. NO.192/CHNY/17 2. SHRI J. PRABHAKAR, THE LD. REPRESENTATIVE FOR TH E ASSESSEE, SUBMITTED THAT THE ASSESSEE CLAIMED DEPRECIATION IN RESPECT OF SURFACE MINER, CROSS BELT ANALYSER AND MAGNETIC SEP ARATOR. HOWEVER, THIS TRIBUNAL HAS DISPOSED OF THE ISSUE RE LATING TO SURFACE MINER. THE ISSUE WITH REGARD TO CROSS BELT ANALYSE R AND MAGNETIC SEPARATOR WAS NOT DISPOSED OF BY OVERSIGHT. THEREF ORE, THE LD. REPRESENTATIVE SUBMITTED THAT THE APPEAL MAY BE REO PENED AND FIXED FOR FURTHER HEARING. 3. WE HEARD SMT. E. PAVUNA SUNDARI, THE LD. DEPARTM ENTAL REPRESENTATIVE ALSO. ADMITTEDLY, THE ASSESSEE CLAI MED DEPRECIATION IN RESPECT OF SURFACE MINER, CROSS BEL T ANALYSER AND MAGNETIC SEPARATOR. THIS TRIBUNAL WHILE DISPOSING THE APPEAL, CONSIDERED THE DEPRECIATION IN RESPECT OF SURFACE M INER, HOWEVER, BY OVERSIGHT, FAILED TO DISPOSE WITH REGARD TO CROS S BELT ANALYSER AND MAGNETIC SEPARATOR. THEREFORE, NON-CONSIDERATI ON AND NON- DISPOSAL OF THE CLAIM OF DEPRECIATION WITH REGARD T O CROSS BELT ANALYSER AND MAGNETIC SEPARATOR IS AN ERROR WITHIN THE MEANING OF SECTION 254(2) OF THE INCOME-TAX ACT, 1961 (IN SHOR T 'THE ACT'). THEREFORE, THIS NEEDS TO BE RECTIFIED. ACCORDINGLY , APPEAL OF THE ASSESSEE IN I.T.A. NO.1121/MDS/2001 IS REOPENED FOR THE PURPOSE OF DISPOSAL OF THE CLAIM OF DEPRECIATION IN RESPECT OF CROSS BELT 3 M.P. NO.192/CHNY/17 ANALYSER AND MAGNETIC SEPARATOR. THE REGISTRY IS D IRECTED TO FIX THE APPEAL FOR FURTHER HEARING ON 13.08.2019. SINC E THE DATE OF HEARING WAS ANNOUNCED IN THE PRESENCE OF BOTH THE P ARTIES, IT MAY NOT BE NECESSARY FOR THE REGISTRY TO ISSUE A SEPARA TE NOTICE OF HEARING. IN OTHER WORDS, A COPY OF THIS ORDER SHAL L BE TREATED AS NOTICE OF HEARING FOR 13.08.2019. 4. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 26 TH APRIL, 2019 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 26 TH APRIL, 2019. KRI. / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. ' : /GF.