DCIT, CHENNAI V. M/s. Tamil Nadu Road Development Corporation Ltd., CHENNAI

MA 413/CHNY/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0126 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 28-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR ACIT
• Assessee Lawyers: M VISWANATHAN
• Keywords: Depreciation

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI . , . . , BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L. REDDY, JUDICIAL MEMBER MISCELLANEOUS PETITION NO. 413 /CHNY/20 17 (IN ITA NO.2878/CHNY/2016) '# # /ASSESSMENT YEAR: 2012-13 THE ASST. COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-3(1), CHENNAI. VS. M/S.TAMILNADU ROAD DEVELOPMENT CORPORATION LTD., CHENNAI. [PAN: AAB CT 3389 H ] ( & /APPELLANT) ( '(& /RESPONDENT) DEPARTMENT BY : MR.R.CLEMENT RAMESH KUMAR, ACIT ASSESSEE BY : MR.M.VISWANATHAN, CA ) /DATE OF HEARING : 07.09.2018 ) /DATE OF PRONOUNCEMENT : 11.09.2018 / O R D E R PER DUVVURU R.L. REDDY, JUDICIAL MEMBER : BY MEANS OF PRESENT MISCELLANEOUS PETITION, THE DEP ARTMENT SEEKS TO RECTIFY THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.2878/CHNY/2016 FOR THE AY 2012-13. 2. THE COUNSEL FOR THE DEPARTMENT SUBMITTED THAT TH E LD.CIT(A) ADJUDICATED THE ISSUE OF ALLOWANCE OF DEPRECIATION ON ROADS IN FAVO UR OF THE ASSESSEE BY DIRECTING TO ALLOW THE DEPRECIATION AT THE RATE OF 10% ON BUILDI NG THROUGH A COMMON ORDER FOR THE AYS 2007-08 TO 2010-11, 2012-13 & 2013-14 RELYING O N THE DECISION OF THE TRIBUNAL IN THE ASSESSEES OWN CASE. THE AO HELD THAT THE R OADS ARE NOT ELIGIBLE FOR MP NO.413/CHNY/2017 (IN ITA NO.2878/CHNY/2016) :- 2 -: DEPRECIATION AS THE ASSET WAS NOT OWNED BY THE ASSE SSEE. HE FURTHER ARGUED THAT SINCE THE DEPARTMENT HAS NOT ACCEPTED THE DECISION OF THE LD.CIT(A), THE APPEAL WAS FILED BEFORE THE HONBLE ITAT FOR THE AYS 2007-08 TO 2010-11. THE DEPARTMENT HAS NOT RAISED THIS GROUND BY MISTAKE FOR THE AY 2012-1 3. HOWEVER, THE REVISED GROUNDS OF THE APPEAL WAS FILED FOR THE AY 2012-13 ON 15.05 .2017. THE TRIBUNAL WITHOUT CONSIDERING THE REVISED GROUNDS, PASSED A COMMON OR DER ON 24.05.2017 WHEREIN THE GROUNDS OF DEPRECIATION ON ROADS FOR THE AY 2012-13 WERE NOT ADJUDICATED. THEREFORE, THIS IS A MISTAKE APPARENT FROM THE RECO RD AND THE SAME MAY BE RECTIFIED. 3. PER CONTRA, THE COUNSEL FOR THE ASSESSEE HAS NOT RAISED ANY OBJECTION FOR IT. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL PLACED ON RECORD. 5. FOR THE AY 2012-13, WE HAVE NOT CONSIDERED THE A DDITIONAL GROUNDS RAISED BY THE DEPARTMENT. THEREFORE, WE FIND THAT THIS MISTA KE APPARENT FROM THE RECORD, THEREFORE, WE RECALL THE ORDERS PASSED ON 24.05.201 7 FOR THE AY 2012-13 WITH REGARD TO THE REVISED GROUNDS. ACCORDINGLY, THE ORDERS PAS SED FOR THE AY 2012-13 IS TO BE RECALLED FOR THE LIMITED PURPOSE OF CONSIDERATION. 6. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON THE 11 TH DAY OF SEPTEMBER, 2018, IN CHENNAI. SD/- SD/- ( . ) ( ABRAHAM P.GEORGE ) /ACCOUNTANT MEMBER ( . . ) ( DUVVURU R.L. REDDY ) ' /JUDICIAL MEMBER MP NO.413/CHNY/2017 (IN ITA NO.2878/CHNY/2016) :- 3 -: /CHENNAI, . /DATED: SEPTEMBER 11, 2018. TLN ) ''/0 10 /COPY TO: 1. & /APPELLANT 4. 2 /CIT 2. '(& /RESPONDENT 5. 0 ''' /DR 3. 2 ( )/CIT(A) 6. # /GF