Income Tax Appellate Tribunal - Pune
Western Precicast Pvt. Ltd.,, Sangli vs Assessee on 22 July, 2015
आयकर अपील
य अ धकरण "बी" यायपीठ पण
ु े म ।
IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH, PUNE
ी आर. के. पांडा, लेखा सद य, एवं ी वकास अव थी, या#यक सद य के सम$।
BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM
व वध आवेदन सं. / MA No. 39/PN/2014
(Arising out of ITA No. 1495/PN/2011)
#नधा&रण वष& / Assessment Year : 2008-09
M/s. Western Precicast Pvt. Ltd., .......... अपीलाथ /
Gat No. 170, Near Kupwad MIDC, Appellant
Savali, Tal.-Miraj, Sangli
PAN : AAACW3853C
बनाम V/s.
Joint Commissioner of Income Tax, ..........
यथ /
Range - 1, Sangli
Respondent
अपीलाथ क ओर से / Appellant by : Shri M.P. Machave
यथ क ओर से / Department by : Ms. Nishtha Tiwari
ु वाई क तार ख/ Date of Hearing
सन :26-06-2015
घोषणा क तार ख /Date of Pronouncement :22-07-2015
आदे श / ORDER
PER VIKAS AWASTHY, JM:
The Miscellaneous Application has been filed by the assessee for recalling the order of Tribunal in ITA No. 1495/PN/2011 for assessment year 2008-09 decided on 30-01-2013.
2. Shri M.P. Machave appearing on behalf of the assessee submitted that the appeal of the assessee was allowed by the Tribunal. The issue in 2 MA No. 39/PN/2014, A.Y. 2008-09 appeal was with respect to depreciation on windmill. The assessee had purchased and installed windmill in financial year 2005-06 (assessment year 2006-07). Depreciation @ 80% was allowed. The assessee claimed half of 80% depreciation as the windmill was installed in second half of the year. Consequently, the Assessing Officer should have allowed 80% depreciation on W.D.V. as on 01-04-2006 for assessment year 2007-08 and subsequent assessment years. The issue raised in appeal wrongly got mixed up and the Tribunal following its order in appeal by Revenue in assessee's case in ITA No. 890/PN/2001 for assessment year 2007-08 decided on 31-12-2012 granted relief to the assessee. The issue regarding depreciation on windmill needs to be adjudicated again as the same has not been properly adjudicated.
3. Ms. Nishtha Tiwari appearing on behalf of the Department submitted that the Revenue has neither filed appeal against the order of Commissioner of Income Tax (Appeals), Kolhapur dated 17-09-2011 nor against the order of Tribunal in ITA No. 1495/PN/2011 decided on 30-01-2013 due to low tax effect. The ld. DR further submitted that the Revenue has no objection in recalling of the order in ITA No. 1495/PN/2011 dated 30-01-2013.
4. We have heard the submissions made by the representatives of rival sides and have perused the orders of the authorities below. The assessee has prayed for recalling the order dated 30-01-2013 in ITA No. 1495/PN/2011 on the ground that the Tribunal has not properly adjudicated the issue relating to depreciation on windmill although the appeal of the assessee was allowed. The issue raised by the assessee in appeal and decided by the Tribunal vide order dated 30-01-2013 are not 3 MA No. 39/PN/2014, A.Y. 2008-09 congruent. We have perused the order of Tribunal sought to be recalled. The Tribunal while deciding the issue of depreciation has placed reliance on the order of Tribunal in assessee's own case for assessment year 2007-
08. The appeal of the assessee for assessment year 2007-08 i.e. ITA No. 814/PN/2011 as well as appeal of the Revenue for assessment year 2007-08 in ITA No. 890/PN/2011 both are sub-judice.
5. The appeal of the Revenue i.e. ITA No. 890/PN/2011 was dismissed by the Tribunal on 31-12-2012. The said order of the Tribunal has now been recalled in MA No. 93/PN/2014 by the order of even day.
6. In the backdrop of the facts narrated above, we are of the considered view that order in ITA No. 1495/PN/2011 dated 30-01-2013 needs to be recalled. The Miscellaneous Application of the assessee is allowed. The order of Tribunal in ITA No. 1495/PN/2011 for assessment year 2008-09 dated 30-01-2013 is recalled and the appeal is restored to its original number.
The registry is directed to list this appeal along with ITA No. 814/PN/2014 and ITA No. 890/PN/2011 for assessment year 2007-08 on 07-09-2015.
Order pronounced on Wednesday the 22nd day of July, 2015 at Pune Sd/- Sd/-
(आर. के. पांडा / R.K. Panda) (%वकास अव&थी / Vikas Awasthy)
ACCOUNTANT MEMBER JUDICIAL MEMBER
पुणे/Pune; 'दनांक/Dated : 22nd July, 2015 RK/PS 4 MA No. 39/PN/2014, A.Y. 2008-09 आदे श क+ ,#त.ल प अ/े षत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. यथ / The Respondent.
3. आयकर आयु(त (अपील)/ The CIT(A), Kolhapur
4. आयकर आयु(त /The CIT-I/II, Kolhapur
5. %वभागीय -त-न.ध, आयकर अपील य अ.धकरण, "बी" ब3च, पुणे / DR, ITAT, "B" Bench, Pune
6. गाडA फाईल /Guard file.
//स या%पत -त //True Copy// आदे शानस ु ार/ BY ORDER, #नजी स चव /Private Secretary, आयकर अपील य अ धकरण, पुणे/ITAT, Pune