The ACIT, Cochin V. M/s.SUD Chemie India P. Ltd, Cochin

MA 70/COCH/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 1584 (ITAT-COCHIN)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-01-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 18-01-2019
• Assessment Year: 2010-2011
• Appeal Filed On: 03-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Assessee Lawyers: RADHESH BHAT
• Keywords: Depreciation; Additional depreciation
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFOR E S / SHRI C HANDRA POOJARI, AM & GEORGE GEORGE K., J M M.P. NO . 7 0 /COCH/2018 (ARSG. OUT OF I .T . A. NO. 41 / COCH/ 20 1 7 ) ( ASSESSMENT YEAR : 20 10 - 11) THE ASSISTANT COMMISSIONER OF INCOME - TAX, CORPORATE CIRCLE - 1(2), KOCH.I VS. M/S. SUD CHEMIE INDIA PVT. LTD., EDAYAR INDUSTRIAL DEVELOPMENT AREA, BINANIPURAM, ED AYAR - 683 502. [PAN : AAACU 3342E] (REVENUE - APPELLANT) (ASSESSEE - RESPONDENT) REVENUE BY SMT. A.S. BINDHU, SR. DR ASSESSEE BY SHRI RADHESH BHAT, CA DATE OF HEARING 18/01/2019 DATE OF PRONOUNCEMENT 1 8 / 0 1 /201 9 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY TH IS MISCELLANEOUS PETITION, THE REVENUE SEEKS TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO. 41 /COCH/2017 DATED 28/02/2018 F OR TH E ASSESSMENT YEAR 20 10 - 11. M.P. NO .7 0 / COCH/201 8 2 2. THE LD. D R SUBMITTED THAT THE TRIBUNAL INADVERTENTLY OMITTED TO CONSIDER THE FOLLOWING ISSUE WHILE DISPOSING OF THE APPEAL FILED BY THE REVENUE AGAINST THE CIT(A)S ORDER DATED 09/12/2016: (I) ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(APPEALS) ERRED IN DELETING DISALLOWANCE OF CLAIM OF LEFT OVER ADDITIONAL DEPRECIATION OF RS.89,12,614/ - BROUGHT FORWARD FROM A.Y. 2009 - 10. IT WAS SUBMITTED THAT THE R E VE NUE HAD RAISED THIS AS GROUND NO. 2 IN ITS ORIGINAL GR OUND OF APPEAL BEFORE THE TRIBUNAL IN ITA NO.41/COCH/2017. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORD . ADMITTEDLY , THERE WAS GROUND NO. 2 RAISED BY THE REVENUE AS ABOVE IN ITS APPEAL IN ITA NO. 41/COCH/2017. THE TRIBUNAL INADVERTENT LY F AILED TO ADJUDICATE THE ABOVE GROUND. HENCE, WE RECALL THE ORDER IN ITA NO.41/COCH/2017 DATED 28/02/2018 FOR THE LIMITED PURPOSE OF ADJUDICATION OF THIS GROUND AND DIRECT THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING ON 22 /0 1 /2019 . SINCE THE DATE OF HEARING IS ANNOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES, THE REGISTRY NEED NOT SEND SEPARATE NOTICE OF HEARING TO THEM, I.E., THE PRESENT ORDER SHALL ALSO BE CONSTRUED AS NOTICE OF HEARING, WHICH MAY BE TAKEN NOTE OF BY BOTH THE PARTIES. M.P. NO .7 0 / COCH/201 8 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 18/01/2019. SD/ - SD/ - ( GEORGE GEORGE K.) (CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: K OCHI DATED: 1 8 TH JANUARY, 2019 GJ COPY TO: 1 . M/S. SUD CHEMIE INDIA PVT. LTD., EDAYAR INDUSTRIAL DEVELOPMENT AREA, BINANIPURAM, EDAYAR - 683 502. 2. THE INCOME TAX OFFICER, WARD - 1(1), KOCHI. 3. THE COMMISSIONER OF INCOME - TAX(APPEALS) - I, KOCHI 4. T HE PR. COMMISSIONER OF INCOME - TAX, KO C HI . 5 . D. R., I.T.A.T., COCHIN BENCH, CO CHIN. 6 . GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN