SIEMENS LTD ( SUCCESSOR TO DEMAG DELAVAL INDUSTRIAL TURBOMACHINERY P LTD), MUMBAI V. ACIT CIRCLE 15 (1 ) , MUMBAI

MA 85/MUM/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8807 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 23-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Keywords: Depreciation; Rectification of order

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI PAVANKUMAR GADALE ( JM) M.A. NO. 85/MUM/2021 IN I.T.A. NO. 2500/MUM/2010 (ASSESSMENT YEAR 2005-06) M.A. NO. 86/MUM/2021 IN I.T.A. NO. 211/MUM/2008 (ASSESSMENT YEAR 2004-05) SIEMENS LTD. (SUCCESSOR TO DEMAG DELAVAL INDUSTRIAL TURBOMACHINERY LTD.) 130, PANDURANG MARG, WORLI MUMBAI-400 018. PAN : AAACS0764L VS. ACIT, CIRCLE- 15(1) AAYAKAR BHAVAN M. K. ROAD CHURCHGATE MUMBAI-400020. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI PERCY PARDIWALA DEPARTMENT BY SHRI T.S. KHALSA DATE OF HEARING 30.07.2021 DATE OF PRONOUNCEMENT 30 .0 7 .2021 O R D E R PER SHAMIM YAHYA (AM) :- BY WAY OF THESE MISCELLANEOUS APPLICATIONS ASSESSE E SEEKS RECTIFICATION OF MISTAKE APPARENT FROM RECORD IN THE COMMON ORDER OF THE ITAT IN ITA NO. 211/MUM/2008 FOR A.Y. 2004-05 & ITA NO. 2500/MUM/20 10 FOR A.Y. 2005- 06. 2. FIRST MISTAKE POINTED OUT IS THAT THERE WAS A ME RGER OF THE ASSESSEE WITH SIEMENS LTD.. DURING THE COURSE OF PROCEEDINGS BE FORE THE ITAT THE SAME WAS DULY INFORMED. HENCE, IT IS PRAYED THAT THE NAME SH OULD BE CORRECTED ACCORDINGLY. 3. LEARNED DEPARTMENTAL REPRESENTATIVE AGREED THAT HENCE THERE IS A MISTAKE IN THE NAME MENTIONED IN THE CAUSE TITLE OF THE ORDER. SIEMENS LTD. (SUCCESSOR TO DEMAG DELAVAL INDUSTRIAL TURBOMACHINERY LTD.) 2 4. HENCE, THE NAME IN THE CAUSE TITLE IS AMENDED. T HE SAME SHOULD BE READ AS UNDER : SIEMENS LTD. (SUCCESSOR TO DEMAG DELAVAL INDUSTRIES TURBOMACHINE RY PVT. LTD. 5. ANOTHER MISTAKE POINTED OUT IS FOR A.Y. 2005-06. IT HAS BEEN PLEADED THAT AN ADDITIONAL GROUND WAS RAISED FOR BOTH THE A SSESSMENT YEARS 2004-05 & 2005-06. THIS WAS WITH RELATION TO CLAIM OF DEPRECI ATION OF GOODWILL. THE ITAT HAD ADJUDICATED THE ISSUE WITH REFERENCE TO A.Y. 20 04-05 AND AFTER ADJUDICATION FINALLY THE ISSUE WAS REMITTED TO THE FILE OF THE ASSESSING OFFICER IN PARAGRAPH 20 OF THE ITAT ORDER. 6. THE ITAT WHILE ADJUDICATING IN A.Y. 2005-06 HAS NOTED THAT THE SOLITARY ISSUE RAISED IN THIS APPEAL WAS DEPRECIATION OF CUS TOMER CONTRACT. THAT THIS ISSUE WAS ALREADY REMITTED BY ADJUDICATING A.Y. 200 4-05, HENCE THIS ISSUE BEING CONSEQUENTIAL WAS ALSO REMITTED. HOWEVER, LEA RNED COUNSEL OF THE ASSESSEE POINTED OUT THAT THIS ISSUE OF DEPRECIATIO N ON GOODWILL WHICH WAS RAISED IN ADDITIONAL GROUND HAS BEEN OMITTED TO BE MENTIONED IN THE ORDER FOR A.Y. 2005-06 WHICH SHOULD HAVE BEEN DONE AS IT WAS DONE IN A.Y. 2004-05. 5. LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT HAVE ANY OBJECTION AS HE AGREED THAT THE ASSESSEE HAS DULY RAISED ADDITIONAL GROUND RELATION TO DEPRECIATION OF GOODWILL FOR A.Y. 2005-06 ALSO. 6. UPON CAREFUL CONSIDERATION, WE AGREE THAT THERE IS MISTAKE APPARENT FROM RECORD IN AS MUCH AS THOUGH ADDITIONAL GROUND WAS RAISED FOR BOTH THE ASSESSMENT YEARS, THE ITAT HAS COMMITTED MISTAKE BY MENTIONING AND ADJUDICATING THE GROUND ONLY FOR A.Y. 2004-05. ACC ORDINGLY, WE DIRECT FOR A.Y. 2005-06 ALSO ADJUDICATION ON THIS ISSUE AS DONE IN A.Y. 2004-05 SHALL APPLY MUTATIS MUTANDIS. HENCE, IN ACCORDANCE WITH THE ADJ UDICATION FOR A.Y. 2004- SIEMENS LTD. (SUCCESSOR TO DEMAG DELAVAL INDUSTRIAL TURBOMACHINERY LTD.) 3 05 WE HOLD THAT THIS ISSUE FOR A.Y. 2005-06 ALSO ST ANDS REMITTED TO THE FILE OF THE ASSESSING OFFICER ON THE SAME LINES AS DONE IN A.Y. 2004-05. 7. IN THE RESULT, THESE MISCELLANEOUS APPLICATIONS STAND ALLOWED AS ABOVE. PRONOUNCED IN THE OPEN COURT ON 30.7.2021. SD/- SD/- (PAVANKUMAR GADALE) (SHA MIM YAHYA) JUDICIAL MEMBER AC COUNTANT MEMBER MUMBAI; DATED : 30/07/2021 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