GHCL Limited, Ahmedabad V. The Dy.CIT., Circle-4, Ahmedabad

MA 89/AHD/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3805 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 01-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 04-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Depreciation
• Section: 27; 6

Judgement Text

M.A. NO.89/AHD/2 015 (IN ITA NO. 836/ AHD/ 20 1 3 ) ASSESSMENT YEAR : 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND KUL BHARAT JM] M.A. NO.89/AHD/2015 (IN ITA NO. 836/AHD/2013 ) ASSESSMENT YEAR: 2008 - 09 GHCL LIMITED, ....... .. . .....APPELLANT GHCL HOUSE, OPP. PU NJABI HALL, NAVRANGPURA, AHMEDABAD. [ PAN AAACG 5609 C] VS. DY. COMMISSIONER OF INCOME TAX .... .................. .... .. RESPONDENT CIRCLE - 4, AHMEDABAD. APPEARANCES BY: URVASHI SHODHAN FOR THE APPELLANT DINESH SINGH FOR THE RESPONDENT DATE OF C ONCLUDING THE HEARING : JANUARY 1 ST , 201 6 DATE OF PRONOUNCING THE ORDER : JANUARY 22 ND , 201 6 O R D E R PER PRAMOD KUMAR AM: 1. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSESSEE APPLICANT HAS REQUESTED FOR RECTIFICATION OF AN ERROR APPARENT ON REC ORD IN THE ORDER DATED 30 TH SEPTEMBER, 2 015 PASSED BY ITAT AHMEDABAD A BENCH IN ITA NO.836/AHD/2013 FOR ASSESSMENT YEAR 2008 - 09. 2. IN THE MISCELLANEOUS APPLICATION THE ASSESSEE HAS SUBMITTED A S FOLLOWS : - IT IS HEREBY SUBMITTED THAT HON BLE BENCH OVER LOOKED THE FACT THAT IN A . Y . 2004 - 05, REVENUE WAS IN APPEAL CHALLENGING DELETION OF DISALLOWANCE OF EXCESS CLAIM OF DEPRECATION WHER EAS IN A. Y . 2008 - 09, APPE A L W A S FIL E D BY T HE APPLICANT CHALLENGING ORDER OF LD . CIT(A) CONFIRMING DISALLOWANCE OF M.A. NO.89/AHD/2 015 (IN ITA NO. 836/ AHD/ 20 1 3 ) ASSESSMENT YEAR : 2008 - 09 PAGE 2 OF 2 DEPRECIATI ON TAKING A VI E W CONTRARY TO EARLIER VIEW. THE APPLICANT , THEREFORE, RESPECTFULLY S UBMITS THAT THERE IS AN E R ROR APPARENT ON RECORD IN THE ORDER THAT DESERVES TO BE RECTIFIED . 3. AFTER CONSIDERING THE F A CTS OF THE CASE A ND TH E SUBMISSIONS OF TH E ASS E SS E E , WE AGR E E WITH THE CONTENTION OF THE ASS E SS E E THAT THERE IS AN ERROR APPARENT ON RECORD IN PAR AGRAPH NO S . 26 & 27 OF THE AFORESAID ORDER DATED 30.09.2015 PASSED BY THIS BENCH. ACCORDINGLY , WE RECTIFY THE ABOVE ERROR A ND PARAGRAPH NOS.26 & 27 OF OUR ORDER DATED 30.09.2015 IN ITA NO.836/AHD/2013 FOR ASSESSMENT YEAR 2008 - 09 IN THE CASE OF GHCL LIMITED, AHMEDABAD VS. DCIT, AHMEDABAD SHOULD BE READ A S UNDER : - 26. LEARNED REPRESENTATIVES FAIRLY AGREE THAT WHATEVER WE DECIDE, ON THIS ISSUE, FOR THE ASSESSMEN T YEAR 2004 - 05 , WILL APPLY FOR THIS ASSESSMENT YEAR AS WELL. IN OUR ADJUDICATION ON THIS ISSUE FOR THE ASSESSMENT YEAR 2004 - 05, WE HAVE REJECTED THE GRIEVANCE OF THE ASSESSING OFFICER AND UPHELD THE RELIEF GRANTED BY THE LD. CIT(A). FOLLOWING THE VIEW SO TAKEN, WE REVERSE THE ORDER OF LD. CIT(A) CONFIRMING DISALLOWANCE OF DEPRECIATION. 27. IN THE RESULT, THIS APP E AL IS ALLOWED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. P RONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JANUARY, 2016 . SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 22 ND DAY OF JANUARY, 2016 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3 ) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD