Abhishek Engineers Pvt.Ltd., Ahmedabad V. The CIT.,-1, Ahmedabad

MA 32/AHD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0414 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 04-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R C SHAH
• Assessee Lawyers: RAHUL KUMAR
• Keywords: Depreciation
• Section: 263

Judgement Text

M.A. NO. 32/A/2013 I N ITA NO.754/A2012 . A.Y. 2007- 08 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (BEFORE SHRI D.K. TYAGI J.M. & SHRI ANIL CHATURVEDI , A.M.) M.A. NO. 32/AHD/2013 (IN I.T. A. NO. 754/AHD/2010) (ASSESSMENT YEAR:2007-08) THE C.I.T.-I, AHMEDABAD (APPELLANT) VS. M/S. ABHISHEK ENGINEERS PVT. LTD. AHMEDABAD (RESPONDENT) PAN: AAACA9827E APPELLANT BY : SHRI RAHUL KUMAR, SR. D.R. RESPONDENT BY : SHRI R.C. SHAH ( )/ ORDER DATE OF HEARING : 3-05-2013 DATE OF PRONOUNCEMENT : 21-06-2013 PER SHRI ANIL CHATURVEDI,A.M. 1. THE PRESENT MA ARISES OUT OF ITA NO 754/AHD/2012 DATED 22.6.2012. 2. IN THE PRESENT MA FILED BY THE REVENUE IT IS SUB MITTED THAT THE TRIBUNAL HAS QUASHED THE ORDER PASSED U/S 263 OF TH E ACT AFTER CONSIDERING THE ISSUE OF DISALLOWANCE U/S 40(A)(IA) ON ACCOUNT OF DEDUCTION OF TDS AT LESSER RATE (WITHOUT SURCHARGE) INSTEAD OF M.A. NO. 32/A/2013 I N ITA NO.754/A2012 . A.Y. 2007- 08 2 DEDUCTIBLE WITH SURCHARGE (10%) ONLY. IT IS FURTHER SUBMITTED THAT ISSUE WITH RESPECT TO DEDUCTION OF EXCESS DEPRECIAT ION OF RS 73,30,002/- CLAIMED IN RESPECT TO BUILDINGS BY THE ASSESSEE HAS NOT BEEN DISCUSSED AND THEREFORE IT IS AN APPARENT MISTAKE IN THE ORDER DATED 22.06.2012 WHICH REQUIRES TO BE RECTIFI ED. 3. THE LD A.R. AT THE OUTSET SUBMITTED THAT AS PER THE GROUNDS OF APPEAL OF THE ASSESSEE, THE ASSESSEE HAD ONLY DIS PUTED THE PASSING OF THE ORDER U/S 263 WITH RESPECT TO DISALL OWANCE U/S 40(A)(IA) AND HAD NOT CHALLENGED THE ORDER WITH RES PECT TO DEPRECIATION. IN SUPPORT OF HIS CONTENTION, HE POIN TED TO THE GROUNDS OF APPEAL FILED IN ITA NO 754/AHD/2012. HE THUS SUBMITTED THAT THERE WAS NO APPARENT MISTAKE IN THE ORDER OF TRIBUNAL WHICH REQUIRES RECTIFICATION AND HENCE THE M.A. BE DISMISSED. 4. THE LD. D.R. ON THE OTHER HAND SUPPORTED THE M.A . 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. FROM THE GROUNDS OF APPEAL FILED BY THE ASS ESSEE IN ITA NO 754/AHD/2012, WE FIND THAT THE ONLY GROUND RAISE D BY THE ASSESSEE WAS CHALLENGING THE ORDER PASSED BY CIT U/ S 263 ON THE ISSUE OF DISALLOWANCE U/S 40(A)(IA). THE ASSESSEE H AD NOT CHALLENGED THE ORDER PASSED U/S 263 WITH RESPECT TO DEPRECIATION ON BUILDING MEANING THEREBY THAT ON THE ISSUE OF DE PRECIATION, THE ASSESSEE WAS NOT AGGRIEVED AND THE SAME HAS BEEN AC CEPTED BY THE ASSESSEE AND THEREFORE ON THAT ISSUE THE ORDER OF CIT U/S 263 M.A. NO. 32/A/2013 I N ITA NO.754/A2012 . A.Y. 2007- 08 3 WAS NOT IN DISPUTE. IN VIEW OF THESE FACTS WE DO N OT FIND ANY MISTAKE IN THE ORDER PASSED IN ITA NO 754/AHD/2012 WHICH REQUIRES RECTIFICATION. THUS THE M.A. FILED BY REVE NUE IS DISMISSED. 6. IN THE RESULT THE M.A. OF REVENUE IS DISMISSED ORDER PRONOUNCED IN OPEN COURT ON 21- 06 - 2013. SD/- SD/- (D.K. TYAGI) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY AHMEDABAD. RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, AHMEDABAD