ACIT, CIRCLE - 7(1), KOLKATA vs. M/S. DUNLOP INDIA LTD., KOLKATA

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ITA 1999/KOL/2018Status: DisposedITAT Kolkata15 January 2020AY 2008-092 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no infirmity in the CIT(A)'s order and upheld its directions regarding the treatment of unabsorbed depreciation and set off of business loss. The appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for AY 2008-09. The assessee did not appear for the hearing. The CIT(A) had directed the AO to determine and carry forward unabsorbed depreciation as per Section 32(2) of the amended Finance Act, 2001.

What were the issues?

The primary issue was the correct treatment and carry forward of unabsorbed depreciation in accordance with the amended provisions of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 32(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B BENCH, KOLKATA

Before: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Date of concluding the hearing : January 1st, 2020 Date of pronouncing the order : January 15th, 2020 ORDER Per J. Sudhakar Reddy, AM :- This is an appeal filed by the Revenue directed against the order of the Commissioner of Income Tax (Appeals)-3, Kolkata [‘CIT(A)’ for short] dated 13.07.2018 u/s 250 of the Income Tax Act, 1961 (‘the Act’ for short) for AY 2008-09.

2.

None appeared on behalf of the assessee despite issue of notice. There is no petition filed for adjournment either. Under these circumstances I dispose off the case ex parte on merits qua the assessee after hearing the ld. DR.

3.

Heard the ld. DR. I find that the ld. CIT(A) at pages 16-19 of his order applied the decision of ITAT in the case of Winsome Breweries Ltd. in AY 2009-10 in 622/Kol/2013 dated 16.12.2015 and directed the AO to determine the amount of unabsorbed depreciation available to the assessee for carry forward as on 01.04.2002 and treat the same in accordance with Section 32(2) of the amended Finance Act, 2001. He further directed the AO to verify the order of the ld. CIT(A)-32, Kolkata dated 23.01.2013 and give effect to the same and thereafter set off business loss and unabsorbed depreciation

Assessment Year: 2008-09 M/s. Dunlop India Ltd. as directed above. We find no infirmity in this finding of the ld. CIT(A). Hence, we uphold the same. 4. In the result, the appeal filed by the Revenue is dismissed. Kolkata, the 15th January, 2020.

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