PUBLICS COMMUNICATIONS P.LTD, MUMBAI V. DCIT CIR 7(3)(2), MUMBAI

MA 396/MUM/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5858 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-11-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 21-09-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 24-05-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI KULDIP SINGH, JM MA Nos. 395/Mum/2023 Arising out of ITA 1994/Mum/2014 (Assessment Year 2009-10) MA No. 396/Mum/2023 Arising out of ITA 588/Mum/2017 (Assessment Year 2012-13) Public s Com m unic ation P. Ltd. 15 th Floo r, T o we r A , Urm i Estate 95 Ganpat Rao Ka dam Mar g, Lowe r Pa rel W est Mum bai-400 013 Vs. The Dy. Commissioner of Income-tax, Circle 7(3)(2) Aayakar Bhavan M.K. road, Mumbai-400 020 (Applicant) (Respondent) PAN No. AABCA5234G Assessee by : Shri Ketan Ved & Shri Abdul Kadir Jawadwala, ARs Revenue by : Ms. Mahita Nair, Sr. AR Date of hearing: 22.09.2023 Date of pronouncement : 20.11.2023 O R D E R PER PRASHANT MAHARISHI, AM: 01. MA Nos. 395/Mum/2023 for A.Y. 2009-10 and 396/Mum/2023 for A.Y. 2012-13 are filed by the assessee. 02. In MA No.395/Mum/2023, the assessee claims that for A.Y. 2009-10 while deciding ITA No. 1994/Mum/2014, the ground no.6.2 of the appeal seeking direction for credit of Page | 2 MA No. 396/Mum/2023 Publics Communications P. Ltd; A.Y. 09-10 & 12-13 advance tax paid of ₹5 lacs not granted by the learned Assessing Officer, has not been decided. 03. The learned Authorized Representative also reiterated the same. The learned Departmental Representative also agreed. 04. On careful consideration we find that this ground of appeal as reproduced at Page no.5 of the order has not been adjudicated. Thus there is mistake in the order. 05. Therefore, now adjudicating the same, we direct the learned Assessing Officer to grant credit of advance tax paid of ₹5 lacs, if found in accordance with the law. Accordingly, ground no.6.2 of the appeal of assessee is allowed. 06. MA No. 395/Mum/2023 is allowed. 07. With respect to MA No.396/Mum/2023 filed by the assessee for A.Y. 2012-13 in ITA No.588/Mum/2017, stating that ground no.2 of the appeal with respect to disallowance of depreciation on goodwill of ₹211,00,663/- has not been adjudicated. Further, with respect to ground no.3 for short grant of credit is also not adjudicated. It is submitted that not deciding ground no.2 and 3 of that appeal makes the order erroneous on face of it. 08. The learned Authorized Representative reiterated the same contentions. The learned DR also agreed with the same. Page | 3 MA No. 396/Mum/2023 Publics Communications P. Ltd; A.Y. 09-10 & 12-13 09. We find that in ITA No.588/Mum/2017 for A.Y. 2012-13, assessee has raised ground no.3 against disallowance of depreciation and ground no.5 with respect to short grant of tax deduction at source. On perusal of the order we find that ground no. 2 and 3 have not been decided which are respectively on disallowance of depreciation of goodwill and credit for tax deduction at source. Therefore, the order passed by the co-ordinate bench in ITA No.588/Mum/2017 is recalled to decide ground no.2 and 3 of the appeal. 010. MA No.396/Mum/2023 is allowed. 011. In the order, both the MAs are allowed. Order pronounced in the open court on 20.11. 2023. Sd/- Sd/- (KULDIP SINGH) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 20.11. 2023 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai