Gujarat Maritime Board, Gandhinagar V. The Asst. Commissioner of Income Tax (Exemptions), Circle-1, Ahmedabad

MA 52/AHD/2023

AI Insights

The case involves the Gujarat Maritime Board, the appellant, against the ACIT (Exemption), Circle-1, Ahmedabad, the respondent. The core issue arose from the ITAT's earlier decision, which did not consider the CIT(A)'s finding that the assessee never claimed the impugned assets as application of income in the respective year of purchase, thus entitled to depreciation without double deduction. The assessee filed a Miscellaneous Application seeking a re-evaluation of ground nos. 3 & 4 of the Department's appeal, which the ITAT agreed to, recalling the previous order for these specific grounds.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131441 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 29-06-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 18-05-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Gu j a r a t M a r it i me B o a r d , Sa g ar B ha va n , S e ct or 1 0 A , Op p. A i r Fo r c e Sta t ion , Ga nd h in a g ar - 3 8 2 01 0 PA N : A A B C G 6 6 7 6 L (A p p e ll a n t) V s The A CI T( Ex e mp t i on) , C ir cl e - 1 , A h me d a b a d ( R e s p on de nt ) As s e s s e e b y : Sh ri S. N . S o p ar k ar , Sr. A . R . R ev en u e by : Sh r i Ur j i t Sh ah , S r. D . R . D at e of he ar in g : 30- 06 - 2 02 3 D at e of pr o n ou nc e me nt : 26 - 0 7 - 2 02 3 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is a Miscellaneous Application filed by the assessee against the order passed by ITAT “C” Bench in the case of G uj a r at M ari ti m e B o a rd i n I TA N o. 1 71 /A hd /2 02 0 da t ed 2 9- 03 - 2 02 3. 2. Vide the present application, the assessee has submitted that the ITAT while adjudicating ground numbers 3 and 4 of Department’s appeal has allowed the appeal in view of the amendment to section (6) of the Act, by Finance Act, 2015 w.e.f. 01-04-2015 and accordingly decided this issue against the assessee. However, it was submitted before us that ld. CIT(A) while adjudicating on this issue has given an express finding that assessee never claimed impugned assets as MA No. 52/Ahd/2023 (in ITA No. 171/Ahd/2020) Assessment Year 2016-17 M.A. No. 52/Ahd/2023 (In I.T.A No. 171/Ahd/2020) A.Y. 2016-17 Page No. Gujarat Maritime Board vs. ACIT 2 application of income in the respective year of purchase and was accordingly entitled to depreciation since same does not tantamount to double deduction. However, while adjudicating ground nos. 3 and 4 of Department’s appeal, the ITAT did not consider the above observation made by ld. CIT(A) and accordingly counsel for the assessee requested that ground nos. 3 & 4 of Department’s appeal may be decided afresh. 3. On going through the facts and arguments of the ld. counsel for the assessee, we are recalling our order only to the limited extent of considering/adjudicating on ground nos. 3 & 4 of Department’s appeal. The matter may be fixed in due course for fresh hearing with respect to ground nos. 3 & 4 of Department’s appeal. 4. In the result, the Miscellaneous Application of the assessee is allowed. Order pronounced in the open court on 26-07-2023 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 26/07/2023 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद