ADDI. CIT SPL. RANGE-03, NEW DELHI vs. DELHI AIRPORT METRO EXPRESS PVT. LTD., NEW DELHI

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ITA 5660/DEL/2019Status: DisposedITAT Delhi24 January 2022AY 2014-154 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to delete the disallowance of depreciation. The Tribunal found no reason to interfere as depreciation had been allowed in earlier assessment years on similar facts.

What were the facts?

The Revenue appealed the CIT(A)'s deletion of a disallowance of depreciation amounting to Rs. 1,35,85,30,780/-. The CIT(A) had allowed the depreciation based on previous years' decisions in favor of the assessee.

What were the issues?

Whether the disallowance of depreciation claimed by the assessee was justified, considering the consistent allowance in previous years.

Which sections of the Income-tax Act were involved?

Not specified

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Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & SHRI KUL BHARAT

For Respondent: Shri Yagyasaini Kakkar, CIT-DR
Hearing: 24.01.2022Pronounced: 24.01.2022

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-

1.

This appeal by the Revenue is preferred against the order of the ld. CIT(A) -3, New Delhi dated 02.05.2019 pertaining to Assessment Year 2014-15.

2.

The solitary grievance of the Revenue is that the ld. CIT(A) erred in deleting the disallowance of Rs. 1,35,85,30,780/- made by the Assessing Officer on account of depreciation claimed.

3.

None appeared on behalf of the assessee and the ld. DR moved an application seeking adjournment intending to file paper book and placing reliance on 51 Taxmann.com 214 [Bom] in the case of North

4.

We do not find any reason to adjourn the appeal qua the findings of the ld. CIT(A) which read as under:

“4.2 I have considered the facts of the case and the submissions made by the ld. counsel for the assessee. It is observed that on similar issue, appeal has been allowed in favour of the appellant by the ld. CIT(A) in Assessment Years 2012-13 and 2013-14 after following the decision of the Hon'ble ITAT Delhi in the case of the appellant itself in Assessment Year 2011-12 which was upheld by the Hon'ble Delhi High Court. Respectfully following these orders in earlier years and keeping in view the principle of consistency and the fact that there is no change in facts, the addition made by the Assessing Officer is deleted and the grounds of appeal are allowed.”

5. As can be seen from the above, this is not the first year of claim of depreciation and in the earlier years, the depreciation has been allowed as mentioned in the findings of the ld. CIT(A). We, therefore, do not find any reason to interfere with the findings of the ld. CIT(A).

Ground raised by the Revenue stands dismissed.

6.

In the result, appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 24.01.2022.

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