PR COMMISSIONER OF INCOME TAX AJMER vs. M/S AJMER VIDHUT VITRAN NIGAM LTD AJMER

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 19/2018 Pr. Commissioner Of Income Tax, Ajmer (Raj.) ----Appellant Versus M/s. Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer ----Respondent D.B. Income Tax Appeal No. 26/2018 Pr. Commissioner Of Income Tax, Ajmer (Raj.) ----Appellant Versus M/s. Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer ----Respondent D.B. Income Tax Appeal No. 31/2018 Pr. Commissioner Of Income Tax, Ajmer (Rajasthan) ----Appellant Versus M/s. Ajmer Vidyut Vitran Nigam Ltd., Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer ----Respondent For Appellant(s) : Mr. K.D. Mathur with Mr. Prateek Kedawat for Mr. R.B. Mathur For Respondent(s) : Mr. Gunjan Pathak with Mr. Aditya Bohra, Ms. Ishita Rawat HON'BLE MR. JUSTICE K.S.JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Judgment 03/04/2018

(2 of 3) [ITA-19/2018] 1. In all these appeals common question of law and facts are involved hence they are decided by this common judgment. 2. By way of these appeals, the appellant has assailed the judgment and order of the tribunal whereby tribunal has allowed the appeal of the assessee and modified the order of CIT(A). 3. Counsel for the appellant has framed following substantial question of law:- Appeal No. 19/2018 (i) Whether in the facts and circumstances of the case the ITAT was justified in law in reversing the decision of CIT(A) and deleting the penalty imposed u/s. 271(1)(c) of Rs. 118653910/- for disallowance of claim of depreciation on non existing assets and disallowance of depreciation claimed on excess cost of the assets in view of Explanation 10 to sub section 1 of the Section 43. Appeal No. 26/2018 (i) Whether in the facts and circumstances of the case the ITAT was justified in law in reversing the decision of CIT(A) and deleting the penalty imposed u/s. 271(1)(c) of Rs. 65120164/- for disallowance of claim of depreciation on non existing assets and disallowance of depreciation claimed on excess cost of the assets in view of Explanation 10 to sub section 1 of the Section 43. Appeal No.31/2018 (i) Whether in the facts and circumstances of the case the ITAT was justified in law in reversing the decision of CIT(A) and deleting the penalty imposed u/s. 271(1)(c) of Rs. 124791823/- for disallowance of claim of depreciation on non existing assets and disallowance of depreciation claimed on excess

(3 of 3) [ITA-19/2018] cost of the assets in view of Explanation 10 to sub section 1 of the Section 43. 4. The facts of the case are that the return declaring income Nil filed on 31.10.2002 than it had been revised at income of Rs.49,70,09,117/- before allowing depreciation was filed on 31.10.2003 shown in the return as Nil income. Later on the order u/s 143(3) was made. The order u/s 143(2)/148 was made as per the direction u/s 144A issued by worthy Addl. CIT, Rage-2, Ajmer on 23.12.2008. While completing the assessment the following additions were made:- (i) Depreciation disallowed on non existing assets: Rs:21,60,26,673/- (ii) Depreciation disallowed u/s 43(1) explanation 10 Rs.18,99,41,047/- 5. Counsel for the appellant states that in all these appeals, the matters may be remitted back to the tribunal on the main issue. In that view of the matter, he would like to file rectification application before the tribunal and request the tribunal to heard all these matters together. 6. In view of the above, all these appeals stand disposed of with liberty to the appellant to move rectification application before the tribunal with a request to hear all the matters together. If such a request is made before the tribunal, we hope that the tribunal will decide all the matters together. (VIJAY KUMAR VYAS),J (K.S.JHAVERI),J Brijesh 3, 10 & 15