ITO, Ward-12(1), Kolkata, Kolkata V. Implant's Better Sight Centre Pvt. Ltd., Kolkata

MA 39/KOL/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2526 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-10-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 21-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER M. A NO. 39 /KOL/ 2014 (A/O ITA NO.1404/KOL/2011) ASSESSMENT YEAR: 2007 - 08 INCOME TAX OFFICER, WARDD - 12(1), KOLKATA / V/S . M/S IMPLANT S BETTER SIGHT CENTRE PVT. LTD., 13A, COLONEL BISWAS ROAD KOLKATA [ PAN NO. AABCI 5031 P ] / APPLI CA NT .. / RESPONDENT / BY APPLICANT SHRI S.S. ALAM, JCIT, SR - DR / BY RESPONDENT SHRI A.K. GHOSH, ADVOCATE / DATE OF HEARING 17 - 10 - 2014 / DATE OF PRONOUNCEMENT 17 - 10 - 2014 / O R D E R PER MAHAVIR SINGH , JUDICIAL M EMBER : - BY WAY OF T HIS MISCELLANEOUS APPLICATION (MA) THE REVENUE HAS POINTED OUT THAT THERE IS FINDING IN PARA - 3 THAT THE ASSESSEE IS NOT THE OWNER , WHEREAS IN PARA - 4 THE FINDING IS THAT ASSESSEE IS THE OWNER OF THE ASSET AND ENTITLED TO DEPRECIATION ON THE MACHINE INSTALLED AND OWNED BY THE ASSESSEE. 2. WE HAVE GONE THROUGH THE ORDER OF THE TRIBUNAL DATED 19 - 02 - 2014 AND FIND THAT ASSESSEE HAS PURCHASED THE SAID EQUIPMENT ON HYPOTHECATION THAT THE ASSESSEE IS THE OWNER OF THE AS SET AS HELD BY TRIBUNAL IN PARA - 4 OF ITS ORDER , WHEREAS IN PAR - 3 THE FINDINGS OF ASSESSING OFFICER IS RECORDED AND IT IS NOT THE FINDING OF THE TRIBUNAL. IN M.A NO.39/KOL/2014 (A/O ITA NO. 1404/KOL/2011) ITO WD - 12(1) KOL V. M/S IMPLANT S BETTER SIGHT CENTRE P. LTD. PAGE 2 TERMS OF THE ABOVE, THERE IS NO MISTAKE APPARENT FROM THE RECORD IN THE ORDER OF THE TRIBUNAL AND WE DISMISS THE MA FILED BY THE REVENUE. 3. IN THE RESULT, MA FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 17 / 1 0/2014 SD/ - SD/ - ( SHAMIM YAHYA ) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEM BER KOLKATA, *DKP - 17 / 1 0/2014 / COPY OF ORDER FORWARDED TO: - 1 . / APPL IC ANT ITO WARD - 12(1), KOLKATA 2 . / RESPONDENT IMPLANT S BETTER SIGHT CENTRE PVT. LTD. 13A, COLONEL BISWAS ROAD, KOLKATA 3 . / CONCERNED CIT 4 . - / CIT (A) 5 . , / DR, ITAT, KOLKATA 6 . / GUARD FILE. BY ORDER/ , /TRUE COPY/ / ,