DCIT, CHENNAI v. M/s TVS Motor Company Ltd., CHENNAI

ITA 1016/CHNY/2009 | 2002-2003
Pronouncement Date: 16-03-2011 | Result: Dismissed

Appeal Details

RSA Number 101621714 RSA 2009
Assessee PAN AAACS7032B
Bench Chennai
Appeal Number ITA 1016/CHNY/2009
Duration Of Justice 1 year(s) 8 month(s) 24 day(s)
Appellant DCIT, CHENNAI
Respondent M/s TVS Motor Company Ltd., CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 16-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 16-03-2011
Date Of Final Hearing 16-03-2011
Next Hearing Date 16-03-2011
Assessment Year 2002-2003
Appeal Filed On 22-06-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH C : CHENNAI [BEFORE SHRI HARI OM MARATHA JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE ACCOUNTANT MEMBER] I.T.A.NO.1016/MDS/2009 ASSESSMENT YEAR : 2002-03 THE DY. CIT COMPANY CIRCLE III(2) CHENNAI VS M/S TVS MOTOR COMPANY LTD JAYALAKSHMI ESTATES 8 HADDOWS ROAD CHENNAI [PAN AAACS7032B ] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI TAPAS KUMAR DUTTA RESPONDENT BY : SHRI SAROJ KUMAR O R D E R PER HARI OM MARATHA JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE FOR ASSESSMEN T YEAR 2002-03 IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-III C HENNAI DATED 26.2.2009. 2. THE GROUNDS RAISED IN THIS APPEAL READ AS UNDER: 1. THE ORDER OF THE LEARNED CIT(A) IS CONTRARY TO LAW AND FACTS AND CIRCUMSTANCES OF THE CASE. 2.1 THE LEARNED CIT(A) ERRED IN HOLDING THAT THE A SSESSEE IS ENTITLED FOR 100% DEPRECIATION ON DIES AND MOULDS. ITA 1016/09 :- 2 -: 2.2 IT IS SUBMITTED THAT THE ORDER OF THE ITAT REL IED UPON BY THE CIT(A) IN ITA NO:893/MDS/2007 DT: 22.5.2008 IN THE ASSESSEE'S OWN CASE FOR THE A.Y 2003-04 HAS NOT BEC OME FINAL AND THE DEPARTMENT HAS PREFERRED APPEAL TO HI GH COURT U/S 260A. 3.1 THE LEARNED CIT(A) ERRED IN HOLDING THAT THE AS SESSEE IS ENTITLED FOR 100% DEPRECIATION ON CIVIL WORKS CONNE CTED WITH REVERSE OSMOSIS PLANT AND TET PLANT. 3.2. IT IS SUBMITTED THAT THE ORDER OF THE ITAT REL IED UPON BY THE CIT(A) IN ITA NO:792/MDS/2007 DT:22.5.2008 HAS NOT BECOME FINAL AND THE DEPARTMENT HAS PREFERRED APPEA L TO HOGH COURT U/S 260A. 4. FOR THESE AND OTHER GROUNDS THAT MAY BE ADDU CED AT THE TIME OF HEARING IT IS PRAYED THAT THE ORDER OF THE LEARNED CIT(A) MAY BE SET ASIDE AND THAT OF THE ASSESSING O FFICER RESTORED. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND THE MATERIAL AVAILABLE ON RECORD. IN THIS APPEAL IN EFFECT T WO ISSUES HAVE BEEN RAISED VIDE GROUND NO.2.1 AND 2.2 AND 3.1 AND 3.2 RESPECTIVELY. 4. AT THE OUTSET OF THE HEARING IT WAS BROUGHT TO OU R NOTICE THAT BOTH THESE ISSUES STAND COVERED BY THE DECISION OF THIS BENCH RENDERED IN THE ASSESSEES OWN CASE FOR ASSESSMENT YEARS 200 0-1 AND 2005-06 IN I.T.A.NOS. 697 & 757/MDS/2009 (ASSESSEES APPEAL S) AND I.T.A.NOS. 976 & 1017/MDS/09(REVENUES APPEALS) ORDER DATED 2 2.12.2010 IN WHICH ONE OF US [JM] WAS A PARTY TO THE ORDER. IT IS ALSO EVIDENT FROM THE GROUNDS ITSELF THAT THE LD. CIT(A) HAS DECIDED BOTH THE ISSUES REGARDING ENTITLEMENT OF THE ASSESSEE FOR 100% DEPR ECIATION ON DIES & MOULDS AND 100% DEPRECIATION ON CIVIL WORKS CONNECT ED WITH REVERSE ITA 1016/09 :- 3 -: OSMOSIS PLANT AND TET PLANT AFTER FOLLOWING THE T RIBUNAL ORDER DATED 22.5.2008 RENDERED IN I.T.A.NOS.792 AND 893/MDS/07 FOR ASSESSMENT YEAR 2003-04 WHICH WAS FOLLOWED BY THE BENCH IN THE ORDER PASSED ON 22.12.2010. THE LD.DR WAS GIVEN AN OPPORTUNITY TO GO THROUGH THE TRIBUNAL ORDER AND THE CASE WAS ADJOURNED TO THE NE XT DATE. AFTER GOING THROUGH THE TRIBUNAL ORDER THE LD.DR HAS FAI RLY CONCEDED THAT THE ISSUES STAND COVERED IN FAVOUR OF THE ASSESSEE BY THE TRIBUNAL ORDERS FILED BEFORE US. ACCORDINGLY WE HOLD THAT BOTH THE ISSUES STAND COVERED IN FAVOUR OF THE ASSESSEE AND HENCE RESPEC TFULLY FOLLOWING THE TRIBUNAL ORDER IN QUESTION WE DISMISS THE APPEAL O F THE REVENUE. 5. IN THE RESULT THE APPEAL OF THE REVENUE STANDS DIS MISSED. THE ORDER PRONOUNCED IN THE OPEN COURT O N 16.3.2011. SD/- SD/- (ABRAHAM P GEORGE) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 16 TH MARCH 2011 RD COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR