Assistant Commissioner of Income-Tax, Central Circle, KORBA(CG) v. Shri KUMAR AGRAWAL, KORBA(CG)

ITA 152/BIL/2011 | 2007-2008
Pronouncement Date: 10-02-2012 | Result: Dismissed

Appeal Details

RSA Number 15224714 RSA 2011
Assessee PAN ABAPA0986A
Bench Raipur
Appeal Number ITA 152/BIL/2011
Duration Of Justice 7 month(s) 10 day(s)
Appellant Assistant Commissioner of Income-Tax, Central Circle, KORBA(CG)
Respondent Shri KUMAR AGRAWAL, KORBA(CG)
Appeal Type Income Tax Appeal
Pronouncement Date 10-02-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 10-02-2012
Assessment Year 2007-2008
Appeal Filed On 30-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL BILASPUR BE NCH BILASPUR BEFORE SHRI SHAILENDRA KUMAR YADAV (J.M) & SHRI R.K.PANDA(A.M) ITA NO. 152/BLPR/2011(A.Y.2007-08) THE ASSTT. COMMISSIONER OF INCOME TAX CIRCLE KORBA KORBA (CG) (APPELLANT) VS. RAJ KUMAR AGARWAL PROP. M/S. SARVMANGALA CONSTRUCTION CO. AGRESEN MARG KORBA (CG) PAN:ABAPA0986A APPELLANT BY : SHRI M.K.SHARMA RESPONDENT BY : NONE DATE OF HEARING : 06/02 /2012 DATE OF PRONOUNCEMENT : 10/0 2/2012 ORDER PER SHAILENDRA KUAMAR YADAV J.M THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) BILASPUR (CG) DATED 16//11/2010 FOR THE ASS ESSMENT YEAR 2007-08 AGAINST ALLOWING THE RELIEF OF RS.24 24 64 1/- BY ALLOWING HIGHER DEPRECIATION WHICH WAS REDUCED BY AO AT 15%. NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE DATE OF H EARING THEREFORE WE PROCEED TO DECIDE THE APPEAL ON MERITS ON THE B ASIS MATERIAL ON RECORD AND AFTER HEARING LD. D.R. ITA NO. 152/BLPR/2011(A.Y.2007-08 ) ) 2 2. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESS EE IS THE PROPRIETOR OF M/S. SARVAMANGALA CONSTRUCTION CO. KORBA. THE ASSESSEE IS BASICALLY A TRANSPORT CONTRACTOR OF M/ S. SECL. THE ONLY ISSUE BEFORE US IS REGARDING CLAIM FOR DEPREC IATION ON TRUCKS DUMPERS AND TIPPERS. THE AO ALLOWED DEPRECATION @1 5% AS AGAINST THE CLAIM OF ASSESSEE AT 30%. THE MATTER WAS CARRI ED BEFORE THE CIT(A). THE CIT(A) FOLLOWED THE DECISION OF ITAT IN ITA NOS. 104 & 105/JAB/08 WHEREIN THE TRIBUNAL HAS UPHED THE FINDING OF LD. CIT(A) ON THIS ISSUE AND DISMISSED THE REVENUES AP PEAL. NOTHING CONTRARY WAS BROUGHT TO OUR NOTICE. FACTS BEING SA ME SO FOLLOWING THE SAME REASONING WE ARE NOT INCLINED TO INTERFERE WITH THE ORDER OF CIT(A) WHO HAS ALLOWED DEPRECIATION @30% INSTEAD O F 15% ALLOWED BY THE AO FOLLOWING THE DECISION IN ASSESSEES O WN CASE. IN VIEW OF THE ABOVE WE UPHOLD THE ORDER OF CIT(A). 3. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 10 TH DAY OF FEB. 2012. SD/- SD/- (R.K.PANDA) (SHAI LENDRA KUMAR YADAV)) ACCOUNTANT MEMBER JUDICIA L MEMBER BILASPUR DATED. 10 TH FEB. 2012 ITA NO. 152/BLPR/2011(A.Y.2007-08 ) ) 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.R BILASPUR BENCH. (TRUE COPY) BY ORDER SR. PRIVATE SECRETARY ITAT BILASP UR BENCH BILASPUR VM. ITA NO. 152/BLPR/2011(A.Y.2007-08 ) ) 4 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 6/2/2012 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 7/2/2012 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER