M/s. JSW Steel Processing Centres Ltd, Bangalore V. Deputy Commissioner of Income Tax, Circle-4(1)(1), Bangalore

MA 98/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6498 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 09-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: K KOTRESH
• Keywords: Depreciation; Additional depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER M.P. NO. 98/BANG/2018 (IN ITA NO. 2001/BANG/2017) ASSESSMENT YEAR : 20 1 3 - 1 4 M/S. JSW STEEL PROCESSING CENTRES LTD., NO. 121, THE ESTATE, DICKENSON ROAD, BANGALORE 560 042. PAN: AABCJ7646P VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4 (1) (1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI K. KOTRESH, CA RESPONDENT BY : SMT. PADMA MEENAKSHI, JCIT (DR) DATE OF HEARING : 18 . 05 .201 8 DATE OF PRONOUNCEMENT : 23 . 0 5 .201 8 O R D E R PER SHRI LALIET KUMAR, JUDICIAL MEMBER THIS M.P. IS FILED BY THE ASSESSEE CONTENDING THAT THERE IS ERROR CREPT INTO THE DECISION PASSED BY THE TRIBUNAL MORE PARTICULARLY I N PARA 12 AND 12.1. FOR THAT PURPOSE THE LD. AR OF ASSESSEE HAS DRAWN OUR ATTENT ION TO PARA 4.4 OF THE ASSESSMENT ORDER AND 8.3 OF THE ORDER OF LD. CIT(A) AND IT WAS CONTENDED THAT THE ISSUE RAISED BEFORE US WAS NOT PERTAINING TO WH ETHER THE ASSESSEE HAS INSTALLED NEW MACHINERY / PLANT AND CLAIMED THE ADD ITION OF DEPRECIATION OR NOT. 2. ON THE OTHER HAND, THE LD. DR OF REVENUE HAS MEN TIONED THAT THE ASSESSEE HAS NOT RAISED THE GROUND OF CLAIMING THE ADDITIONAL GR OUND BEFORE THE CIT(A) AND THEREFORE THE TRIBUNAL HAS RIGHTLY DISALLOWED THE C LAIM OF ADDITIONAL DEPRECIATION FOR THE REASONING MENTIONED IN PARA 4.4 OF CIT(A) A ND IN PARA 12 AND 12.1 OF TRIBUNALS DECISION. M.P. NO. 98/BANG/2018 (IN ITA NO. 2001/BANG/2017) PAGE 2 OF 3 3. WE HAVE HEARD THE RIVAL CONTENTIONS OF THE PARTI ES AND PERUSED THE RECORD. IN OUR VIEW, THE FINDING OF THE BENCH IS BASED ON THE ORDER PASSED BY LD. CIT(A) ON THE FACTUAL FINDING OF FACT RECORDED BY CIT(A) IN 8 .3(IV) REPRODUCED HEREINBELOW. (IV) A CAREFUL PERUSAL OF THE AO'S ORDERS, AS WELL AS THE WRITTEN SUBMISSION FILED DURING THE PRESENT APPEAL-PROCEEDI NGS REVEALS THAT, THE ASSESSEE HAS NOT PRODUCED THE RELEVANT BILLS PE RTAINING TO THE NEW- MACHINERY OR PLANT CLAIMED TO BE ACQUIRED / INSTA LLED DURING THE YEAR UNDER CONSIDERATION. THE ASSESSEE HAS NOT EXPLAINED ITS CLAIM BY ANY SERIOUS DESCRIPTION OR PROOF OF OWNERSHIP / UTILIZA TION OF THE NEW-ITEMS OF PLANT / MACHINERY EMPLOYED TOWARDS THE SO CALLED MANUFACTURE, AGAINST WHICH ADDITIONAL DEPRECIATION IS CLAIMED. I N ABSENCE OF THIS CRUCIAL DETAIL AND DOCUMENTARY EVIDENCE IN RESPECT OF THE ACQUIRING / USAGE OF THE NEW PLANT & MACHINERY, THE CLAIM OF AD DITIONAL DEPRECIATION THEREFORE REMAINS UNSUBSTANTIATED. IN BACKGROUND OF THE AFORESAID DETAILS, FACTS & CIR CUMSTANCES OF THE PRESENT CASE, I DO NOT FIND SUFFICIENT EVIDENCIARY JUSTIFICATION AVAILABLE TO INTERFERE IN THE AO'S STAND. THE ASSESSEE'S GROU NDS OF APPEAL IN THIS REGARD ARE THEREFORE DISALLOWED. 4. THE ABOVE SAID FINDING OF FACT HAS NOT BEEN CHAL LENGED BY ASSESSEE BEFORE US NO CONTRADICTORY DOCUMENT WAS BROUGHT TO OUR NOTICE DURING THE COURSE OF HEARING OF THE ORIGINAL APPELLATE PROCEEDINGS, IN THE ABSEN CE OF THAT THE TRIBUNAL HAD RECORDED THE FINDING IN PARA 12 AND 12.1 OF ITS DEC ISION. IN OUR VIEW, THERE IS NO ERROR IN THE DECISION RENDERED BY THE TRIBUNAL OR A PPARENT MISTAKE WHICH CALLS FOR RECTIFICATION UNDER THE PROVISIONS OF THE ACT AND I N THE LIGHT OF THE ABOVE WE DO NOT FIND ANY MERIT IN THE MP FILED BY THE ASSESSEE AND ACCORDINGLY THIS M.P. IS DISMISSED. 5. IN THE RESULT, THE M.P. FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF MAY, 2018. SD/- SD/- (INTURI RAMA RAO) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 23 RD MAY, 2018. / MS/ M.P. NO. 98/BANG/2018 (IN ITA NO. 2001/BANG/2017) PAGE 3 OF 3 COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.