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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No. 31/CTK/2018 Assessment Year : 2012-2013
DCIT, Circle 2(1), Cuttack Vs. M/s. Purvi Bharat Coal Products Pvt. Ltd., OSL Tower, Link Road, Cuttack PAN/GIR No.AADCP 1801 G (Appellant) .. ( Respondent)
Assessee by : R.K.Jhunjhunwalla, AR Revenue by : Shri Subhendu Dutta, DR
Date of Hearing : 25/09/ 2018 Date of Pronouncement : 25/09/ 2018
O R D E R Per N.S.Saini, AM This is an appeal filed by the revenue against the order of
the CIT(A), Cuttack dated 27.10.2017 for the assessment year
2012-2013.
The sole issue involved in this appeal is that the CIT(A) was
not justified in granting depreciation of Rs.46,58,498/- on the
plant and machinery installed at the coke oven plant of the
assessee company in contravention of section 32 of the Act.
The Asst. Commissioner of Income Tax, Circle-2(1), Cuttack
vide his letter dated 6.9.2018 has sought permission of the Bench
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ITA No. 31/CT K/ 2018 Asse ssment Year : 20 12- 201 3
to withdraw the appeal filed before the Tribunal as the tax effect
is below the limit of Rs.20 lakhs prescribed by the CBDT Circular
No.3 of 2018 dated 11.7.2018 for filing appeal before the
Tribunal. The said letter reads as under:
Sub : Withdrawal of appeal in case of M/s. Purvi Bharat Coal Products Private Ltd., PAN-AADCP1801G for the A.Y.2012-13 - Matter regarding.
Ref: Letter NO.JCIT(ITAT)/CTK/2018-19/29 DT.30.08.2018.
Kindly refer to the above. In this case, return of Income was filed by the assessee on 28.09.2012 declaring loss at Rs.94,14,102/-. However, on scrutiny assessment u/s.143(3), the loss was assessed at Rs.47,55,604/- as a result of disallowance of claim of depreciation for Rs.46,58,498/-. Subsequently, the addition was deleted by the Ld.CIT (A) vide his order dt.27.10.2017. The potential tax effect in this case works out to Rs. 13,97,549/-, which is below the monetary limit as per the Circular No.3/2018, dt. 11.07.2018. The case is not covered under the exceptional clause -10 of the above Circular. The decision of withdrawal of appeal filed before the Hon'ble ITAT may kindly be considered accordingly. Yours faithfully, Sd/ (Sanjeeb Roy) Asstt. Commissioner of Income Tax, Circle-2(1), Cuttack.”
Hence, we dismiss the appeal of the revenue as withdrawn.
Order pronounced on 25 /09/2018. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 25/09/2018
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B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : DCIT, Circle 2(1), Cuttack
The respondent: M/s. Purvi Bharat Coal Products Pvt. Ltd., OSL Tower, Link Road, Cuttack 3. The CIT(A) Cuttack 4. Pr.CIT- Cuttack 5. DR, ITAT, Cuttack By order 6. Guard file. //True Copy// Sr. Pvt. Secretary, ITAT, Cuttack
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