Vepar Pvt. Ltd., Ahmedabad V. The Income tax Officer, Ward-8(4), Ahmedabad

MA 422/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4672 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 18-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEETA SHAH SRDR
• Assessee Lawyers: VIJAY RANJANA
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI A.N. PAHUJA, ACCOUNTANT MEMBER M.A NO.422/AHD/2009 ARISING OUT MA NO.139/AHD/2009 (IN CONNECTION WITH ITA NO.957/AHD/2006 ) ASSESSMENT YEAR:2002-03 DATE OF HEARING:21.5.10 DRAFTED:30.6. 10 VEPAR PVT. LTD. 9 TH FLOOR, KALVANNA, PANCHVATI, ELLISBSRIDGE, AHMEDABAD PAN NO.AAACV3821F V/S . INCOME TAX OFFICER, WARD-8(4) AHMEDABAD (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) M.A. NO.423/AHD/2009 (ARISING OUT MA NO.140/AHD/2009) (IN CONNECTION WITH ITA NO. 1239/AHD/2006 ) ASSESSMENT YEAR: 2002-03 ASSTT. CIT, CIRCLE-8, AHMEDABAD V/S . VEPAR PVT. LTD. 9 TH FLOOR, KALVANNA, PANCHVATI, ELLISBSRIDGE, AHMEDABAD PAN NO.AAACV3821F (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) MA NO.424/AHD/2009 (ARISING OUT MA NO.141/AHD/2009 IN CONNECTION WITH ITA NO. 1641/AHD/2006 ) ASSESSMENT YEAR: 2003-04 MA NO. 422-424/AHD/09 A.YS.02-03 & 03-04 VEPAR PVT. LTD. V. ITO WD-8(4) ABD PAGE 2 ASSTT. CIT, CIRCLE-8, AHMEDABAD V/S . VEPAR PVT. LTD. 9 TH FLOOR, KALVANNA, PANCHVATI, ELLISBSRIDGE, AHMEDABAD PAN NO.AAACV3821F (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI VIJAY RANJANA AR REVENUE BY:- SMT. NEETA SHAH, SR-DR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- THE ASSESSEE HAS FILED THESE THREE MISCELLANEOUS A PPLICATIONS (MA) ARISING OUT OF CONSOLIDATED ORDER DATED 30.11.2009 IN M.A. NOS.139- 141/AHD/2009 PASSED IN THE CONTEXT OF ORIGINAL CONSOLIDATED ORDER DATED 27.2.2009 IN ITA NOS.957, 1239 & 1641/AHD/2006 FOR ASST. YEARS. 2002-03 AND 2003-04. 2. IN THESE MA THE ASSESSEE STATES THAT VIDE ORDER DATED 30.11.2009 THE TRIBUNAL HAS DISPOSED OF THREE MISC. APPLICATIONS F ILED BY THE ASSESSEE WHICH IN TURN PERTAINED TO THE CONSOLIDATED ORDER DATED 27.2.2009 PASSED BY THE TRIBUNAL ORIGINALLY IN APPEAL NOS.957, 1239 & 1641/AHD/2006. ACCORDING TO THE ASSESSEE IN ITA NOS.1239 & 1641/AHD/2006 FOR ASST. YEARS 2002-03 & 2003-04 RESPECTIVELY THE DEPARTMENT HAD OBJECTED TO THE DELETION OF PART DEP RECIATION ON BUILDINGS BY THE CIT(A) AND IN THE ORIGINAL CONSOLIDATED ORDER DATED 27.2.2009 THE TRIBUNAL HAD CANCELLED THE DELETION OF PART OF DEPRECIATION ALLO WANCE AND HAS TREATED BOTH THE DEPARTMENTAL APPEALS AS ALLOWED. WHILE DISPOSING OF THE MA VIDE ORDER DATED 30.11.2009 THE TRIBUNAL HELD THAT DEPRECIATION ALLO WANCE WAS FULLY ALLOWABLE; OBVIOUSLY FOR BOTH THE YEARS VIZ. 2002-03 AND 2003- 04. HOWEVER, THERE IS AN ERROR CREPT INTO THE IN SO FAR AS IT MENTIONED THAT REVEN UES APPEAL IN ITA NO.1239/AHD/2006 ON THIS ISSUE IS DISMISSED WHILE A CTUALLY THE TRIBUNAL HAD IN PRINCIPLE DISMISSED THE DEPARTMENTS OTHER APPEAL A LSO VIZ. ITA NO.1641/AHD/2006 WHICH WAS FOR ASST. YEAR 2003-04. SO IT IS A MISTAK E FOR NOT MENTIONING THE OTHER APPEAL ALSO. THEREFORE, IT IS REQUESTED TO RECTIFY THE MISTAKE ACCORDINGLY. MA NO. 422-424/AHD/09 A.YS.02-03 & 03-04 VEPAR PVT. LTD. V. ITO WD-8(4) ABD PAGE 3 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THERE IS AN APPARENT MISTAKE IN THE CONSO LIDATED ORDER DATED 30.11.2009. THE LAST LINE OF THE TRIBUNALS ORDER IS AS UNDER:- ACCORDINGLY, THE RESULT IN THE TRIBUNALS DECISION IS THAT THE REVENUES APPEAL IN ITA NO.1239/AHD/2006 IS DISMISSED. WHEREAS THE SAME SHOULD BE READ AS:- ACCORDINGLY, THE RESULT IN THE TRIBUNALS DECISION IS THAT THE REVENUES APPEALS IN ITA NO.1239/AHD/2006 AND ITA NO.1641/AHD /2006 ARE DISMISSED. 4. IN THE RESULT, MAS FILED BY THE ASSESSEE ARE ALLOWE D. SD/- SD/- (A.N. PHAUJA) (M AHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED :30/06/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD ORDER PRONOUNCED IN OPEN COURT ON 30/06/2010