Supreme Court - Daily Orders
C.I.T,Maharashtra vs M/S G.M.Knitting Indust.(P) ... on 24 July, 2015
Bench: A.K. Sikri, Rohinton Fali Nariman
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10782 OF 2013
COMMISSIONER OF INCOME TAX,
MAHARASHTRA ... Appellant
VERSUS
M/S G. M. KNITTING
INDUSTRIES (P) LTD., MUMBAI ... Respondent
WITH
CIVIL APPEAL NO. 4048 OF 2014
O R D E R
It would be suffice to reproduce para 2 of the impugned order whereby action of Income Tax Appellate Tribunal was held to be justified in allowing additional depreciation as claimed by the respondent-assessee herein: -
“Additional depreciation is denied to the assessee on the ground that the assessee has failed to furnish form 3AA along with the return of income. Admittedly, Form 3AA was submitted during the course of assessment proceedings and it is not in dispute that the assessee is entitled to the additional depreciation. In these circumstances, in the light of the judgment of this Court in the case of Commissioner of Income Tax v. Shivanand Electronics reported in (1994) 209 ITR 93 (Bom.), we see no merit in this appeal. The appeal is accordingly dismissed with no order as to costs.” Signature Not Verified Digitally signed by Suman Wadhwa We concur with the aforesaid view of the High Court Date: 2015.07.29 17:48:48 IST Reason: and hold that even if Form 3AA was not filed along with C.A. NO. 10782/ 2013 etc. 1 return of income but the same was filed during the assessment proceedings and before the final order of the assessment was made that would amount to sufficient compliance. These appeals are, accordingly, dismissed.
......................., J.
[ A.K. SIKRI ] ......................., J.
[ ROHINTON FALI NARIMAN ] New Delhi;
July 24, 2015.
C.A. NO. 10782/ 2013 etc. 2 ITEM NO.112 COURT NO.13 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 10782/2013 C.I.T,MAHARASHTRA Appellant(s) VERSUS M/S G.M.KNITTING INDUST.(P) LTD.,MUMBAI Respondent(s) WITH C.A. No. 4048/2014 (With Office Report)
Date : 24/07/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. Arijit Prasad, Adv. Mr. S. A. Haseeb, Adv.
Ms. Swarupma Chaturvedi, Adv. Ms. Sadhana Sandhu, Adv. Ms. Gargi Khanna, Adv. Mrs. Anil Katiyar, Adv.
For Respondent(s) Mr. Saurabh Ajay Gupta, Adv. Mr. Saurabh Singhal, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are dismissed in terms of the signed order.
(Nidhi Ahuja) (Suman Jain)
COURT MASTER COURT MASTER
[Signed order is placed on the file.] C.A. NO. 10782/ 2013 etc. 3