The ACIT, Circle-4(1), Visakhapatnam V. M/s Pratyusha Associates Shipping (P) Ltd., Visakhapatnam

MA 52/VIZ/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4720 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 23-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBRATA SARKAR
• Assessee Lawyers: N O N E
• Keywords: Depreciation; Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER MA NOS.52, 53 & 54/VIZAG/2010 ASSESSMENT YEARS : 2003-04, 2004-05 & 2006-07 RESPE CTIVELY ACIT,CIRCLE-4(1) VISAKHAPATNAM M/S. PRATYUSHA ASSOCIATES SHIPPING (P) LTD., VISAKHAPATNAM (APPELLANT) VS. (RESPONDENT) PAN NO.AAEFP 4036D APPELLANT BY: SHRI SUBRATA SARKAR, DR RESPONDENT BY: N O N E ORDER PER SHRI S.K. YADAV, JUDICIAL MEMBER:- THESE MISCELLANEOUS APPLICATIONS ARE PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL DATED 25.1.2010 WITH THE SUBMISSION THAT WHILE ALLOWING THE DEPRECIATION AT 40% (HIGHER RATE) THE TRIBUNAL HAS FOLLOWED THE ORDER OF THE ITAT BENCH, HYDERABAD IN THE ASSESSEE S OWN CASE FOR THE BLOCK ASSESSMENT WITHOUT REALIZING THAT THE FACTS ARE DIF FERENT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION AND THE BLOCK ASSESSMENT. THE TRIBUNAL HAS ALSO NOT CONSIDERED THE JUDGEMENTS OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. PROGRESSIVE ENGINEERING COMPANY 230 ITR 729 AND THE BOARD CIRCULAR NO.609 DATED 29.7.1991 AND CIRCULAR NO.652 DATED 14 .6.1993. THEREFORE, THE TRIBUNAL HAS ADJUDICATED THE ISSUE ON WRONG PREMISE WHICH RESULTED INTO AN ERROR APPARENT IN THE ORDER OF THE TRIBUNAL. THERE FORE, THE NECESSARY RECTIFICATION IS CALLED FOR. 2. THE LD. D.R. ON THE OTHER HAND HAS SUBMITTED THA T TRIBUNAL HAS RIGHTLY FOLLOWED THE ORDER OF THE TRIBUNAL, HYDERABAD BENCH IN THE CASE OF BLOCK ASSESSMENT WHERE THE IMPUGNED ISSUE WAS ADJUDICATED BY THE TRIBUNAL IN DETAIL. MOREOVER, THE CIT(A) HAS ALSO DECIDED THE ISSUE FOLLOWING THE ORDER OF THE TRIBUNAL IN THE BLOCK ASSESSMENT. UNLESS AND U NTIL THE ORDER OF THE TRIBUNAL IS REVERSED IT HOLDS THE FIELD AND SUBORDI NATE AUTHORITIES ARE REQUIRED TO FOLLOW THE ORDER OF THE APPELLATE AUTHORITIES. SINCE THE CIT(A) HAS 2 DISPOSED OFF THE ISSUE FOLLOWING THE ORDER OF THE T RIBUNAL, THE ORDER OF THE CIT(A) WAS RIGHTLY CONFIRMED BY THE TRIBUNAL. 3. HAVING HEARD THE RIVAL SUBMISSIONS AND FROM A CA REFUL PERUSAL OF THE MISCELLANEOUS APPLICATION VIS--VIS THE ORDER OF TH E TRIBUNAL, WE FIND THAT TRIBUNAL HAS ADJUDICATED THE ISSUE IN THE LIGHT OF THE MATERIAL AVAILABLE ON RECORD AND THE ORDER OF THE TRIBUNAL IN CASE OF BLO CK ASSESSMENT IN WHICH THE IDENTICAL ISSUE WAS EXAMINED AND ADJUDICATED BY THE TRIBUNAL. SINCE THE TRIBUNAL HAS GIVEN A FINDING OF FACTS AND NO ERROR APPARENT IS NOTICED, WE FIND NO MERIT IN THE MISCELLANEOUS APPLICATIONS OF THE R EVENUE AND WE DISMISS THE SAME. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS OF THE REVENUE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 2.6.2010 SD/- SD/- (BR BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED 2 ND JUNE, 2010 COPY TO 1 THE ACIT CIRCLE-4(1), VISAKHAPATNAM 2 M/S. PRATYUSHA ASSOCIATES SHIPPING (P) LTD., 25-4 0-12, GANGULAVARI STREET, VISAKHAPATNAM 3 THE CIT, VISAKHAPATNAM 4 THE CIT(A), VISAKHAPATNAM 5 THE DR, ITAT, VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM