AYOKI FABRICON PRIVATE LTD.,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

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ITA 11/PUN/2015Status: DisposedITAT Pune20 November 2018AY 2011-1217 pages
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What did the Tribunal hold?

The Tribunal held that the erection and fabrication of factories are construction activities and not 'manufacture or production of an article or thing' as required for additional depreciation. However, the reassessment proceedings for a later year were found to be invalid due to being initiated beyond the four-year period without valid reasons.

What were the facts?

The assessee claimed additional depreciation on machinery used for erecting and fabricating sugar and cement plants. The Assessing Officer denied this claim, stating the assessee was not engaged in 'manufacture or production of an article or thing'. For a subsequent assessment year, reassessment proceedings were initiated after four years to disallow the same claim.

What were the issues?

Whether erection and fabrication of factories qualify as 'manufacture or production of an article or thing' for additional depreciation, and whether reassessment proceedings initiated after four years were valid.

Which sections of the Income-tax Act were involved?

Section 32(1)(iia),Section 147,Section 148

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Cases cited in this judgment(5)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R.S. SYAL & SHRI VIKAS AWASTHY

For Appellant: Shri Nikhil Pathak
For Respondent: Shri Pankaj Garg

Heard together (3 matters)

ITA No.1723/PUN/14
ITA No.11/PUN/2015
ITA No.1608/PUN/2015

Read from the judgment's own cause title. This page is filed under one of them.

आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: अ�ेिषत आदेश आदेश आदेश 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. आयकर आयु�(अपील) / The CIT (Appeals)-1, Pune 4. आयकर आयु� / The CIT-1, Pune 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “बी बी बी” / DR ‘B’, ITAT, Pune; बी 6. गाड� फाईल / Guard file. // True copy //

आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार

// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune

ITA No.1723/PUN/2014, ITA No.11/PUN/2015 & ITA No.1608/PUN/2015 Ayoki Fabricon Private Limited

Date 1. Draft dictated on 19-11-18 Sr.PS 2. Draft placed before author 20-11-18 3. Draft proposed & placed before the second member 4. Draft discussed/approved by Second Member. 5. Approved Draft comes to the Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order.

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