MAJALGAON SAHAKARI SAKHAR KARKHANA LTD.,BEED vs. ASSISTANT COMMISSIONER OF INCOME-TAX,

आदेश / ORDER आदेश आदेश आदेश

PER VIKAS AWASTHY, JM :

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-2, Aurangabad dated 12-04-2016 for the assessment year 2009-10 passed under section 154 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

2 ITA No. 1523/PUN/2016, A.Y. 2009-10

passed rectification order on 28-01-2013 under section 154

disallowing assessee’s claim of set off of unabsorbed depreciation to

the extent of Rs.12,70,39,171/-. The ld. Authorized Representative

pointed that, on the same date, the Assessing Officer passed another

rectification order under section 154 of the Act wherein set off of

business loss to the extent of Rs.49,38,445/- was reduced by the

Assessing Officer. The ld. Authorized Representative submitted that

the assessee carried the matter before the Commissioner of Income

Tax (Appeals) assailing the order under section 154 wherein the issue

relating to carry forward of unabsorbed depreciation beyond 8 years

was dealt with. Whereas the Commissioner of Income Tax (Appeals)

had another order of Assessing Officer passed under section 154 of the

Act. Thus, there was confusion with respect to the order appealed by

the assessee before the Commissioner of Income Tax (Appeals). The ld.

Authorised Representative of the assessee prayed that the matter may

be remanded back to the CIT(A) so that the confusion may be dispelled

with respect to the two orders passed under section 154 of the Act.

contentions of the ld. Authorised Representative of the assessee. The

ld. Departmental Representative submitted that there appears to be

confusion with regard to the rectification orders passed by Assessing

Officer under section 154 of the Act.

ld. Authorised Representative of the assessee has placed before us two

orders of Assessing Officer passed under section 154 of the Act. Both

the orders are dated 28-01-2013. In one of the order, the issue is with

3 ITA No. 1523/PUN/2016, A.Y. 2009-10

respect to carry forward of unabsorbed depreciation beyond the period

of 8 years, whereas in the other order passed by the Assessing Officer

under section 154 of the Act of even date the rectification has been

made with respect to excess set off of business loss Rs.49,38,445/-.

The assessee in appeal before the Commissioner of Income Tax

(Appeals) had assailed the order passed under section 154 wherein the

issue of unabsorbed depreciation was involved and purportedly

attached the other order passed under section 154 along with Form

appropriate to remit this appeal back to the file of Commissioner of

Income Tax (Appeals) for re-adjudicating the appeal after taking into

consideration the relevant order passed under section 154 of the Act

by Assessing Officer against which grounds have been raised in the

appeal by assessee. Accordingly, the impugned order is set-aside and

the appeal of the assessee is allowed for statistical purposes.

purposes.

Order pronounced on Tuesday, the 14th day of August, 2018.

Sd/- Sd/- (D. KARUNAKARA RAO) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER

पुणे / Pune; �दनांक / Dated : 14th August, 2018 Satish

4 ITA No. 1523/PUN/2016, A.Y. 2009-10

आदेश क� आदेश क� �ितिलिप अ�ेिषत आदेश क� आदेश क� �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत / Copy of the Order forwarded to : �ितिलिप अ�ेिषत

अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. आयकर आयु� (अपील) / The CIT(A)-I, Aurangabad 3. आयकर आयु� / The Pr.CIT, Aurangabad 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “बी” ब�च, 5. पुणे / DR, ITAT, “B” Bench, Pune. गाड� फ़ाइल / Guard File. 6.

//स�यािपत �ित // आदेशानुसार / BY ORDER,

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