Assistant Commissioner of Income Tax, Circle-5(1), Visakhapatnam V. Brandix India Apparel City Private Limited, , Visakhapatnam

MA 25/VIZ/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3256 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 7 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 09-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Keywords: Depreciation; Audit objection
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO , HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , HONBLE ACCOUNTANT MEMBER M.A.NO. 25/VIZ/2019 (ARISING OUT OF I . T . A . NO. 486/VIZ/2018) (ASST. YEAR : 20 1 1 - 1 2 ) ACIT, CIRCLE - 5(1), VISAKHAPATNAM. VS. M/S. BRANDIX INDIA APPAREL CITY P RIVATE LTD., APSEZ, PUDIMADAKA ROAD, ACTHUTAPURAM MANDAL, VISAKHAPATNAM. PAN NO. AACCB 8665 P (APP LICANT ) (RESPONDENT) ASSESSEE BY : SHRI G.V.N. HARI , A DVOCATE . DEPARTMENT BY : SHRI B.RAMA KRISHNA , SR. DR DATE OF HEARING : 06 / 0 3 /2020 . DATE OF PRONOUNCEMENT : 06 / 0 3 /20 20 . O R D E R PER V. DURGA RAO , JUDICIAL MEMBER BY PREFERRING THIS MISC. APPLICATION, REVENUE SEEKS RECALL OF THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.486/VIZ/2018, DATED 11/01/2019 ON THE GROUND THAT THERE IS AN AUDIT OBJECTION , THEREFORE P A RA 10(C) OF CBDT CIRCULAR NO. 03/2018, DATED 11/07/2018 IS COVERED BY THIS CASE. 2. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THERE IS NO SUCH GROUND RAISED BY THE DEPARTMENT IN THE GROUNDS OF APPEAL . 2 M A NO. 25/VIZ/2019 ( M/S. BRANDIX INDIA APPAREL CITY PVT. LTD. ) 3 . WE HAVE HEARD BOTH THE SIDES AND PERUSED THE GROUNDS OF APPEAL AND GONE THROUGH THE CBDT CIRCULAR. 4 . THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: - ( I ) . WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, LD. CIT(A) WAS CORRECT IN LAW FOLLOWING THE DECISION OF THE HON'BLE ITAT, CHANDIGARH IN ALLOWING THE DEPRECIATION ON BUILDING WITHOUT REDUCING THE GRANTS - IN - AID RECEIVED FROM THE MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, BY IGNORING THE FACT THAT THE AO HAS MADE PRO PORTIONATE DISALLOWANCE KEEPING IN VIEW PROVISO TO EXPLAN A TION 10 OF SECTION 43(1). (II) ANY OTHER GROUNDS OF APPEAL THAT MAY ARISE DURING THE APPELLATE PROCEEDINGS. 5. FROM THE ABOVE, IT IS VERY CLEAR THAT NO SUCH EXCEPTIONAL GROUND IS RAISED BY THE DEPARTMENT , EVEN IT WAS NOT BROUGHT TO OUR NOTICE AT THE TIME OF HEARING. UNDER THESE FACTS AND CIRCUMSTANCES OF THE CASE , WE ARE OF THE OPINION THAT THERE IS NO MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL, THEREFORE THIS MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. 6 . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON TH IS 06 TH DAY OF MARCH , 2020 . S D / - S D / - (D.S. SUNDER SINGH) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 06 TH MARCH , 20 20 . VR/ - 3 M A NO. 25/VIZ/2019 ( M/S. BRANDIX INDIA APPAREL CITY PVT. LTD. ) COPY TO: 1. THE ASSESSEE - M/S. BRANDIX INDIA APPAREL CITY PRIVATE LTD., APSEZ, PUDIMADAKA ROAD, ACTHUTAPURAM MANDAL, VISAKHAPATNAM. 2. THE REVENUE ACIT, CIRCLE - 5(1), VISAKHAPATNAM. 3. THE PR. CIT - 2 , VISAKHAPATNAM. 4. THE CIT(A) - 9 , HYDERABAD. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.