ASSISTANT COMMISSIONER OF INCOME TAX 3(1)(1), MUMBAI V. ALD AUTOMOTIVE PRIVATE LIMITED , MUMBAI

MA 573/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3893 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-06-2021
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 31-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SREENIVASA RAGHVAN S IYENGAR
• Keywords: Depreciation; Rectification of order
• Section: 13

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI PAVANKUMAR GADALE ( JM) M.A. NO. 573/MUM/2019 ARISING IN I.T.A. NO. 6386/MUM/2017 (ASSESSMENT YEAR 2012-13) ACIT-3(1)(1) ROOM NO. 607 AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. VS. M/S. ALD AUTOMOTIVE PVT. LTD. 13 TH FLOOR, MAKER CHAMBER-IV NARIMAN POINT MUMBAI-400 021. PAN : AAFCA0924K (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI RAJESH DEPARTMENT BY SHRI SREENIVASA RAGHVAN S. IYENGAR DATE OF HEARING 09.04.2021 DATE OF PRONOUNCEMENT 02.06.2021 O R D E R PER SHAMIM YAHYA (AM) :- BY WAY OF THIS MISCELLANEOUS APPLICATION THE REVENU E SEEKS RECTIFICATION OF MISTAKE APPARENT FROM RECORD IN THE ORDER OF THI S TRIBUNAL IN ITA NO. 6386/MUM/2017 VIDE ORDER DATED 10.4.2019. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS. IT IS THE SUBMISSION OF THE REPRESENTATIVE OF THE REVENUE THA T IN THE AFORESAID APPEAL TWO GROUNDS WERE RAISED. ITAT HAS ADJUDICATED THE 1 ST GROUND AND THE 2 ND GROUND HAS REMAINED TO BE ADJUDICATED. HENCE THE RE VENUE SEEKS ADJUDICATION OF THIS GROUND BY WAY OF RECALL/RECTIFICATION IN TH E AFORESAID ORDER OF ITAT. 3. WE NOTE THAT FOLLOWING GROUNDS WERE RAISED BEFOR E THE ITAT :- 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS. 74,14,49,570/- BEING CLAIM OF DEPRECIATION TO THE ASSESSEE ON VEHICL ES GIVEN ON OPERATING LEASE WITHOUT APPRECIATING THE FACT THAT THE VEHICLES WERE NOT REGISTERED IN THE NAME OF THE ASSESSEE BUT IN THE NAME OF THE PA RTIES USING IT. M/S. ALD AUTOMOTIVE PVT. LTD. 2 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS. 74,14,49,570/- BEING DEFERRED MAINTENANCE CHARGES WITHOUT APPRECIAT ING THE FACT THAT PROVIDING FOR FUTURE EXPENSES WHICH ESCALATE WITH TIM E IS NOTHING BUT PROVISION FOR UNASCERTAINED LIABILITIES WHICH IS NOT ALLOWABLE AS PER THE I.T. ACT, 1961. 4. THE ITAT HAS ADJUDICATED THE GROUND BY REFERENCE TO QUOTING ITAT ORDER IN ASSESSEE'S OWN CASE. HOWEVER IT IS CORRECT THAT THE 2 ND GROUND RAISED BY THE REVENUE REMAINS UNADJUDICATED. THE ASSESSEE'S REPRE SENTATIVE FAIRLEY AGREED TO THE ABOVE. ACCORDINGLY WE RECALL THE AFORESAID O RDER OF THE ITAT ONLY TO CONSIDER THE GROUND NO. 2 WHICH HAS REMAINED UNADJU DICATED. 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION ST ANDS PARTLY ALLOWED. PRONOUNCED IN THE OPEN COURT ON 2.6.2021. SD/- SD/- (PAVANKUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTAN T MEMBER MUMBAI; DATED 02/06/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT, MUMBAI