Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA
Before: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi
आदेश /O R D E R
PER Waseem Ahmed, Accountant Member:-
This appeal by the Revenue is arising out of order of Commissioner of Income Tax (Appeals), Central-III, Kolkata in appeal No.69/CC-XX/CIT(A)C-III/2012-13/Kol dated 28.01.2013. Assessment was framed by ACIT(CPC) u/s 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 13.06.2012 for assessment year 2011-12. Revenue has raised ground per its appeal is reproduced below:- “1. That on the facts and circumstances of the case Ld. CIT(A) had erred both in facts as well as in law in allowing relief to the assessee in
ITA No.1165/Kol/2013 A.Y. 2011-12 DCIT CC-XX Kol. vs. M/s G.S.Atwal & Co. Engg.) Pvt. Ltd. Page 2 respect of e-filed return, which has been processed u/s 143(1) at CPC, Bangalore, whereas, petition u/s. 154 filed by the assessee at CPC, Bangalore against the said processing is still pending and ignoring the fact that there was a difference of total income between the downloaded return and the copy of return submitted by the assessee.”
Shri Soumitra Chodhury, L’d Authorized Representative appeared on behalf of assessee and Shri R.K.Kureel, L’d Departmental Representative appeared on behalf of Revenue.
At the outset it was observed that assessee claimed depreciation for an amount of ₹15,24,46,177/- which was disallowed under the intimation processed u/s 143(1)(a) of the Act. Against such intimation, besides rectification petition u/s. 154 of the Act, the assessee filed an appeal before L’d CIT(A). After hearing the contentions of the assessee the ld. CIT(A) has allowed the claim of assessee for the depreciation in his impugned appellate order.
Being aggrieved by this order of L’d CIT(A) Revenue preferred an appeal before on the ground that L’d CIT(A) erred in deleting the addition made in intimation under section 143(1) of the Act despite of the Act that the rectification petition filed by the assessee u/s. 154 of the Act before CPC, Benglore is still pending.
L’d AR before us submitted that the claim of depreciation of the assessee has been allowed u/s 154 of the Act. Consequently the appeal filed by Revenue has become infructuous. On the other hand, Ld. DR could not point out any infirmity in the assessee’s claim on the aforesaid submission.
ITA No.1165/Kol/2013 A.Y. 2011-12 DCIT CC-XX Kol. vs. M/s G.S.Atwal & Co. Engg.) Pvt. Ltd. Page 3 4. In view of the foregoing discussion, we dismiss the Revenue’s appeal as infructuous.
In the result, Revenue’s appeal is dismissed as infructuous. Order pronounced in open court on 24/06/2016
Sd/- Sd/- (S.S.Viswanethra Ravi) (Waseem Ahmed) Judicial Member Accountant Member *Dkp �दनांकः- 24/06/2016 कोलकाता / Kolkata
आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-DCIT, CC-XX, 110, Shantipalli, Aayakar Bhavan, Poorva, 5th Floor, Kolkata-700 107 2. ��यथ�/Respondent-M/s G.S.Atwal&Co.(Engg)Pvt. Ltd.4B, Little Russell St.Kol-71 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड� फाइल / Guard file. By order/आदेश से, /True Copy/ उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, कोलकाता