What did the Tribunal hold?

The Revenue's counsel moved an application for withdrawal of the appeal, and the assessee had no objection. Consequently, the Tribunal dismissed the appeal as withdrawn.

The Revenue appealed against the CIT(Appeals) order deleting an addition made towards depreciation allowance for leasehold improvements. The addition related to earlier assessment years, and the Revenue argued it was incorrectly added back to the total income for AY 2005-06.

What were the issues?

Whether the Revenue's appeal should be dismissed as withdrawn. The core issue of depreciation allowance for leasehold improvements was not adjudicated.

JCIT vs M/S Abb Ltd | ITAT Bangalore 2016

Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI SUNIL KUMAR YADAV & SHRI A.K. GARODIA

For Appellant: Shri Sunil Kumar Agarwala, Jt. CIT(DR)

For Respondent: Ms. Purvi Kothari, Tax Analyst

Hearing: 31.03.2016Pronounced: 01.04.2016

Per Sunil Kumar Yadav, Judicial Member

This appeal is preferred by the Revenue against the order of CIT(Appeals), LTU, Bangalore dated 24.7.2014 for the assessment year 2005-06 inter alia on the following grounds:-

“The CIT(A) has erred in directing the AO to delete the addition made towards depreciation allowance in respect of leasehold improvements for earlier assessment year i.e. 2001-01 to 2004-05 since the earlier year’s depreciation of 45,32,120 was not allowed in the order u/s. 143(3) for AY 05-06 and, therefore, adding it back to the total income was incorrect.”

During the course of hearing, the ld. DR has moved an application for withdrawal of appeal, to which the assessee has no objection. In light of the request of the ld. DR, we dismiss the appeal of the Revenue as withdrawn.

In the result, the appeal is dismissed.

Pronounced in the open court on this 1st day of April, 2016.

JOINT COMMISSIONER OF INCOME TAX,LTU, BANGALORE vs. M/S ABB LTD, BANGALORE

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