M/s. Simran Wind Project Ltd., Kolkata V. DCIT, Circle - 5(1), Kolkata

MA 231/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3856 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 19-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHANKAR HALDER
• Assessee Lawyers: SHIKHA AGA RWAL ACA
• Keywords: Depreciation
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B, KOLKATA BEFORE SH. P.M.JAGTAP, VICE PRESIDENT & SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER M.A.NO.-231/KOL/2018 [IN ITA NO.1123/KOL/2017] (ASSESSMENT YEAR-2013-14) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE INTENDS TO RECTIFY THE MISTAKE APPARENT IN THE ORDER DATED 31.10.2018 OF THIS TRIBUNAL. 2. THE CONTENTION OF THE LD.AR IS THAT THIS TRIBUNAL WHILE DEALING BOTH THESE APPEALS OF ASSESSEE IN ITA NO.669 & 1123/KOL/2018 FOR AY 2012-13 & 2013-14 RESPECTIVELY, HELD THAT THE ISSUE IN RESPECT OF CLAIMING DEPRECIATION AS PER THE COMPANIES ACT CANNOT BE DISTURBED WHILE COMPUTING BOOK PROFIT U/S 115JB OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) IN FAVOUR OF THE ASSESSEE IN ITS ORDER IN PARA 6 IN PAGE 3 OF ITS ORDER. WHILE DEALING THE SAME ISSUE IN GROUND NO.3 IN ITA NO.1123/KOL/2017 FOR A.Y. 2013-14, BY MISTAKE THIS TRIBUNAL WHILE HOLDING IN FAVOUR OF THE ASSESSEE BUT HELD GROUND NO.3 RAISED BY THE ASSESSEE FAILED AND IT IS DISMISSED AND SHE SUBMITTED THAT IT IS A MISTAKE APPARENT ON RECORD AND PRAYED TO MODIFY THE SAME AS GROUND NO.3 IS ALLOWED. LD.DR DID NOT CONTROVERT THE SAME. ON PERUSAL OF THE SAID ORDER, WE FIND FORCE IN THE ARGUMENTS OF LD.AR AND ACCORDINGLY WE RECTIFY THE MISTAKE IN PARA 12. THEREFORE, THE LAST LINE OF M/S. SIMRAN WIND PROJECT LTD., P-46A, RADHA BAZAR LANE, KOLKATA-700001. PAN-AAJCS4400J V S DCIT, CIRCLE-5(1), P-7, CHOWRINGHEE SQUARE, KOLKATA-700069. (APPELLANT) (RESPONDENT) APPELLANT BY SHIKHA AGARWAL, ACA RESPONDENT BY SHANKAR KUMAR HALDER, JCIT SR DR DATE OF HEARING 25.01.2019 DATE OF PRONOUNCEMENT 01.02.2019 M.A.NO.-231/KOL/2018 [IN ITA NO.1123/KOL/2017] (ASSESSMENT YEAR-2013-14) PAGE | 2 PARA NO.12 SHOULD BE READ AS THEREFORE, GROUND NO.3 RAISED BY THE ASSESSEE IS ALLOWED HEREAFTER. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.02.2019. SD/- SD/- (P.M.JAGTAP) (S.S.VISWANETHRA RAVI) VICE PRESIDENT JUDICIAL MEMBER [ DATE:- 01.02.2019 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT- M/S. SIMRAN WIND PROJECT LTD., P-46A, RADHA BAZAR LANE, KOLKATA-700001. 2. RESPONDENT- DCIT, CIRCLE-5(1), P-7, CHOWRINGHEE SQUARE, KOLKATA- 700069. 3. CIT-KOLKAT A 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA